UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


STOREROOM 


LAWS   OF   WISCONSIN 


&EC  ** 


RELATING  TO 


COMMON  SCHOOLS 


Free  High  Schools 
Industrial  Schools      ' 
County  Training  Schools 
County  Agricultural  Schools 
State  Graded  Schools 
Normal  Schools 
The  State  University 


AND 


County  and  City  Superintendents, 

Teachers'  Institutes. 

Textbooks,  Etc. 


PUBLISHED  UNDER   DIRECTION   OF 

C.  P.  CARY,  State  Superintendent 


MADTSON,  WIS. 
DEMOCRAT    PRINTING    COMPANY,    STATE    PRINTER 

1915 


Xis? 


s 


Ms4Sc 
1915 

TO   THE    READER 


This  edition  of  the  School  Code  comprises  all  the  school  laws  now  in  force. 
The  sections  are  arranged  in  numerical  order.  The  "Comments"  upon  the  dif- 
ferent sections  will  be  found  on  pages  364  and  beyond.  Suggestive  forms  for 
school  officers  will  be  found  on  pages  400  and  beyond.  Reference  made  in  the 
"Comments"  refer  to  sections  of  the  statutes.  The  form  in  which  the  school 
laws  are  now  printed  promises  to  be  much  less  expensive  than  the  form  which 
has  been  common  for  so  many  years.  This  plan  also  conforms  to  the  plan  fol- 
lowed in  printing  the  statutes  of  Wisconsin.  It  is  hoped  that  familiarity  wit;; 
the  present  -arrangement  may  meet  general  approval. 

Any  school  officer  having  a  code  in  his  possession  should  make  it  a  spec  ;i 
point  to  carry  it  with  him  to  the  school  meeting.     No  statements  of  an  officer  or 
person  present  at  a  school  meeting,  even  though  such  person  may  be  engaged  in  a 
general  law  practice,  can  be  safely  accepted  as  authority  on  the  law  without  ref- 
erence to  the  particular  statute  involved. 

This  code  is  the  property  of  the  school  district  and  not  of  the  school  officer 
in  whose  care  it  is  placed.  This  code  and  all  records,  books,  etc.,  belonging  to  a 
school  office  must  be  handed  over  when  a  successor  is  elected  or  appointed. 


State  Superintendent. 


J° 


TV 

U. 


TABLE   OF   CONTENTS. 


Numbers  refer  to  Sections 


Academies,  411— 411d 

Alteration  of  school  district  boundaries,  412  to  424 

Annual  school  district  meetings,  425  to  430n 

Appeals,  497  and  497a 

Borrowing  money,  474  to  476a 

Certificates  and  examinations,  448  to  458t 

City  superintendent,  926—115  to  926— 117m 

Colleges,  411 

Comments,  pages  364  to  399 

Compulsory  attendance  law,  439  to  439i 

Condemnation  of  school  buildings,  517 

Consolidation  of  school  districts,  413;  419b  to  419h;  496—1  to  496— 12 

County  Agricultural  representatives,  553q — 1  to  553q — 8 

County  board  of  education,  553m — 1  to  553m — 25 

County  schools  of  agriculture  and  domestic  science,  553c  to  553e — 1 

County  superintendents,  461  to  461s 

County  training  schools  for  teachers,  411 — 1  to  411 — 11 

County  uniformity  of  textbooks,  553m — 1  to  553m — 25 

Day  schools  for  the  deaf  and  blind,  578  to  579t 

District  meetings,  425  to  430n 

Distribution  of  the  school  fund,  554  to  560m 

District  officers,  431  to  447a 

Duties  of  town,  village  and  city  officers,  467  to  473 

Electors,  powers,  430  to  430n 

Formation  of  school  districts,  412  to  415 

Forms  for  use  of  officers,  pages  400 — 411 

Free  high  schools,  490  to  495a 

General  charter  for  cities,  925—113  to  925—119  and  925—142  to  925—119:* 

Heating  and  ventilation  (See  comments  under  Sec.  436.) 

Industrial,  continuation  and  evening  schools,  553p — 1  to  553p — 15 

Inspection  of  school  buildings,  517 

Judgments  given  school  districts,  487  to  489 

Libraries,  485  to  486j 

Penalties,  498  to  507 

Reports,  462  to  465 

Rural  schools,  560f  to  560m 

School  buildings — Condemnation  of — 517 

School  district  meeting,  425  to  430n 

Schoolhouse  sites,  477  to  484 

School  textbooks,  553m— 101  to  553m— 108 

Seven-tenths  mill  tax,  1072a 


79472^ 


iv  Table  of  Contents. 

Special  powers  of  school  officers,  435  to  439 

State  certificates — other  states,  458a  « 

State  mining  school,  392m  to  392y 

State  University,  377  to  392L— 1 

Stout  Institute,  553p— 10  to  553p— 15 

Supervising  teachers,  698  Sub.  10  to  698  Sub.  16 

Taxes,  469  to  473 

Teachers'  institute,  407 

Teachers'  Insurance  and  Retirement  fund,  460 — 1  to  460 — 20 

Textbooks,  440  to  440b;  553m— 101  to  553m— 108 

Trade  schools,  926 — 22  to  926 — 30 

Transportation  of  pupils,  496q  to  496t;   430—2  to  430—8 

Union  free  high  schools,  495 — 1  to  495 — 20 

Use  of  school  buildings  for  other  purposes,  435  to  435e 


CHAPTER    24. 

STATE  BOARD  OF  EDUCATION. 

State  board  of  education.  Section  376 — 50.  1.  There  is  hereby  created  a  state 
board  of  education  to  consist  of  five  members.  The  governor,  the  secretary  of  state  and 
the  state  superintendent  of  public  instruction  shall  be  ex  officio  members  of  said  board. 
One  person  shall  be  appointed  by  the  board  of  regents  of  the  University  of  Wisconsin  and 
one  person  shall  be  appointed  bj'  the  board  of  regents  of  the  normal  schools  to  be  members 
of  said  board. 

2.  The  members  appointed  by  the  board  of  regents  of  the  university  and  the  board  of 
regents  of  normal  schools  shall  hold  office  for  terms  of  two  years  and  until  their  successors 
are  appointed  and  qualified.  The  first  appointments  hereunder  shall  be  made  on  or  be- 
fore August  1,  1915,  and  the  terms  of  office  shall  begin  on  the  first  day  of  August,  1915, 
and  biennially  thereafter.  In  case  of  any  vacancy  the  appointment  shall  be  for  the  un- 
expired term. 

3.  The  members  of  the  said  board  shall  receive  an  honorarium  of  eight  dollars  per  day 
for  not  to  exceed  sixty  days  in  any  one  year;  and  they  shall  receive  the  actual  and  nec- 
essary expenses  incurred  by  them  in  discharging  their  duties  as  members  of  the  said  board. 
Such  honorarium  shall  not  be  paid  to  any  member  who  receives  a  salary  from  the  state  or 
from  any  state  institution. 

4.  Before  entering  upon  the  duties  of  his  office,  each  member  of  said  board  shall  take 
and  subscribe  the  constitutional  oath  of  office  which  shall  be  filed  in  the  office  of  the  secre- 
tary of  state. 

227 


Chap.  24  s.  376—50]  [State  Historical  Society. 

• 

5.  The  members  of  the  said  board  shall,  during  the  first  week  of  August,  1915,  meet 
at  the  state  eapitol  and  organize.  The  state  superintendent  of  public  instruction  shall 
be  ex  officio  president  of  said  board.  A  majority  of  the  members  of  said  board  shall  con- 
stitute a  quorum  to  transact  business  and  any  vacancy  shall  not  impair  the  right  of  the 
remaining  members  to  exercise  all  the  powers  of  the  board. 

6.  The  board  may  appoint  and  fix  the  compensation  of  a  secretary,  who  shall  also  be 
chief  accountant,  and  such  other  assistants,  clerks  and  stenographers  as  may  be  necessary 
to  carry  out  the  duties  of  said  board.  The  board  shall  require  a  bond  of  the  secretary, 
and  may  require  bonds  of  such  other  subordinates  and  employes  as  it  shall  deem  expedient 
to  bond,  the  amounts  of  which  shall  be  fixed  by  the  board.  The  secretary  shall  not  be  a 
member  of  the  board,  and  shall  perform  such  duties  as  may  be  prescribed  by  law  or  by 
the  by-laws  and  rules  of  the  board.  The  secretary  shall  keep  a  faithful  record  of  all  the 
transactions  of  the  board  and  of  all  committees  thereof. 

7.  The  board  shall  keep  its  office  at  the  eapitol  and  the  superintendent  of  public  prop- 
erty shall  provide  suitable  rooms,  necessary  office  furniture,  supplies  and  stationery.  The 
board  may  hold  meetings  at  any  place  other  than  the  eapitol.  The  meetings  of  the  board 
shall  be  open  to  the  public  and  all  records  of  such  meetings  and  of  all  proceedings  of  the 
board  shall  be  open  to  inspection  by  the  public  at  all  reasonable  hours;  provided  that  the 
board  may  hold  executive  sessions,  the  findings  of  sach  executive  sessions  to  be  made  a 
part  of  the  records  of  the  board. 

8.  It  shall  be  the  duty  of  the  state  board  of  education  to  have  the  exclusive  charge  and 
management  of  all  financial  affairs  of  the  educational  activities  of  the  state  and  to  examine 
and  study  the  business  methods  and  management  of  and  the  expenditure  of  public  funds 
for  the  common  schools,  high  schools,"  county  training  schools,  county  schools  of  agricul- 
ture and  domestic  economy,  continuation,  commercial,  industrial  and  evening  schools,  day 
schools  for  the  deaf  and  blind,  Stout  institute,  the  mining  trade  school,  the  several  normal 
schools  and  the  university,  shall  ascertain  the  financial  and  business  needs  of  such  schools 
and  institutions,  the  fair  and  proper  distribution  of  such  expenditures  and  the  most  effi- 
cient and  economical  use  of  public  funds  for  educational  purposes  and  shall  have  power  to 
institute  and  maintain  an  adequate  and  uniform  accounting  system. 

9.  The  said  board  shall  have  power  and  authority  to  require  and  it  shall  be  the  duty  of 
every  state  or  county  superintendent  of  public  instruction  or  education  and  every  officer 
or  governing  body  of  any  school  or  institution  mentioned  in  subsection  8  of  this  section  to 
furnish  such  data  and  information  as  such  board  may  deem  necessary  to  carry  out  the 
provisions  of  this  section. 

10.  The  board  shall  cause  all  of  the  financial  transactions  and  accounts  of  or  relating 
to  the  mining  trade  school,  Stout  institute,  the  several  normal  schools,  the  university  and 
the  various  departments  thereof,  at  the  close  of  each  fiscal  year,  to  be  fully  and  thoroughly 
examined  and  audited  by  its  accountant.  Said  board  may  cause  a  like  audit  of  any  of 
the  other  schools  mentioned  in  subsection.  8  which  receive  state  aid.  Such  examination 
shall  be  commenced  immediately  after  the  close  of  said  period  and  be  completed  as  soon 
as  practicable.  Upon  the  completion  of  such  examination  a  full  and  detailed  report  there- 
of shall  be  made  by  such  accountant  to  the  board. 

11.  The  state  board  of  education  shall  on  or  before  the  fifteenth  day  of  December  next 
preceding  the  convening  of  the  legislature  in  any  regular  session  prepare  in  convenient 
form  its  recommendations  as  to  the  financial  and  business  needs  of  and  the  fair  and  proper 
distribution  of  public  funds  to  the  schools  and  institutions  mentioned  in  subsection  8  of 
this  section  so  as  to  increase  and  promote  the  efficiency  and  educational  value  of  such 
schools  and  institutions  and  such  other  recommendations  as  to  the  improvement  of  the 
business  management  and  control  of  such  schools  and  institutions  as  the  said  board  may 
deem  expedient,  a  full  and  detailed  report  of  any  audit  made  under  the  provisions  of  sub- 
section 10  and  its  estimates  for  each  of  the  several  institutions  under  its  supervision  speci- 
fying therein,  in  detail,  the  amount  of  money  that  will  be  required  for  the  support  and 
maintenance  of  each  of  the  said  institutions  and  also  estimates  setting  forth  the  various 
amounts  needed,  detailed  as  to  class  of  schools  and  purpose  of  proposed  appropriation, 
as  direct  state  aid,  for  all  public  schools  not  under  its  supervision,  the  amount  needed  for 
the  support  of  the  department  of  the  state  superintendent  of  public  instruction,  and  also 
the  amount  needed  for  the  board  of  education  to  carry  out  the  purposes  of  this  section,  all 
such  estimates  to  be  for  the  next  biennial  period.  The  secretary  of  the  board  shall  on  or 
before  the  fifteenth  day  of  December  mail  to  each  member-elect  of  the  legislature  and  to  the 
governor-elect  a  copy  of  said  reports,  recommendations  and  estimates. 

12.  Whenever  matters  affecting  any  school  under  the  board  are  before  it  or  any  of  its 
committees  for  consideration,  the  president  of  such  school  and  any  other  persons  shall 
have  the  right  to  be  present  at  such  meeting  and  be  heard  by  the  beard  or  the  committee 
having  charge  of  the  subject.     The  governing:  bodies  of  the  several  schools  under  the  si»- 

228 


Chap.  24  s.  376— 50 J  [State  Historical  Society. 

pervision  of  the  board  shall  submit  biennial  estimates  and  annual  budgets  to  the  boai'd,  and 
shall  be  heard  by  the  board  or  the  proper  committee  thereof  upon  the  estimates  or  bud- 
gets for  the  various  schools.  It  shall  be  the  duty  of  the  presidents  and  the  governing 
bodies  of  each  of  the  several  schools  under  the  jurisdiction  of  the  board  of  education  to 
prepare  and  supply  to  the  board  all  useful  and  helpful  information  regarding  the  financial 
needs  of  the  various  schools  and  to  make  recommendations  regarding  the  needs  of  such 
schools  in  order  that  the  board  of  education  may  have  full  information  upon  which  to  base 
its  recommendations  to  the  legislature. 

13.  No  new  buildings  shall  be  constructed  or  lands  purchased  except  by  or  under  the 
direction  of  said  board.     [1915  c.  497] 

229 


TITLE  VI. 
Public  Instruction. 


CHAPTER  25. 

THE  UNIVERSITY. 

Location  and  style  of.  Section  377.  There  is  established  in  this  state  at  the  city  of 
Madison  an  institution  of  learning  by  the  name  and  style  of  "The  University  of  Wiscon- 
sin." [1866  c.  114  s.  5;  1870  c.  80;  1872  c.  135;  B.  S.  1878  s.  377;  Ann.  Stats.  1889 
s.  377;  Stats.  1898  s.  377] 

University  board  of  regents;  members;  women  regents;  appointment;  terms;  va- 
cancy. Section  378.  The  government  of  the  university  shall  be  vested  in  a  board  of 
regents,  to  consist  of  one  member  from  each  congressional  district  and  two  from  the  state 
at  large,  at  least  two  of  whom  shall  be  women,  to  be  appointed  by  the  governor;  the  state 
superintendent  and  the  president  of  the  university  shall  be  ex  officio  members  of  said 
board;  said  president  shall  be  a  member  of  all  the  standing  committees  of  the  board,  but 
shall  have  the  right  to  vote  only  in  case  of  a  tie.  The  terms  of  office  of  the  appointed 
regents  shall  be  six  years,  except  as  below  specified,  from  the  first  Monday  in  February  in 
the  year  in  which  they  are  appointed  and  until  the  appointment  and  qualification  of  their 
respective  successors,  unless  sooner  removed  by  the  governor;  but  appointments  to  fill 
vacancies  before  the  expiration  of  the  term  shall  be  for  the  residue  of  the  term  only.  Two 
of  the  appointments  of  the  five  regents  whose  terms  .expire  in  1911  shall  be  for  a  period 
of  three  years,  two  for  a  period  of  four  years,  and  one  for  a  period  of  five  years ;  that  is, 
to  the  years  1914,  1915  and  1916,  respectively;  one  of  the  appointments  of  the  three  re- 
gents whose  terms  expire  in  1912  shall  be  for  a  period  of  four  years  and  two  for  a  period 
of  five  years;  that  is,  to  the  years  1916  and  1917,  respectively;  two  of  the  appointments 
of  the  five  regents  whose  terms  expire  in  1913  shall  be  for  a  period  of  five  years,  and 
three  for  a  period  of  six  years;  that  is,  to  the  years  1918  and  1919,  respectively;  there- 
after as  the  various  terms  expire  all  appointments  shall  be  for  a  period  of  six  years. 
[18,66  c.  114  s.  5;  1870  c.  80;  1872  c.  135;  B.  S.  1878  s.  378;  1879  c.  65;  1889  c  289; 
Ann.  Stats.  1889  s.  378;  Stats.  1898  s.  378;  1901  c.  255  s.  1;  1903  c.  66  s.  1;  Supl.  1906 
s.  378;  1907  c.  118;  1909  c.  529;  1911  c.  303] 

Powers  of  board;  officers.  Section  379.  The  board  of  regents  and  their  successors 
in  office  shall  constitute  a  body  corporate  by  the  name  of  "the  regents  of  the  University 
of  Wisconsin,"  and  shall  possess  all  the  powers  necessary  or  convenient  to  accomplish  the 
objects  and  perform  the  duties  prescribed  by  law,  and  shall  have  the  custody  of  the  books, 
records,  buildings  and  all  other  property  of  said  university.  The  board  shall  elect  a 
president  and  a  secretary,  who  shall  perform  such  duties  as  may  be  prescribed  by  the  by- 
laws of  the  board.  The  secretary  shall  keep  a  faithful  record  of  all  the  transactions  of 
the  board  and  of  the  executive  committee  thereof.  It  shall  be  the  duty  of  the  state  treas- 
urer to  have  the  charge  of  all  securities  for  loans  and  all  moneys  belonging  to  the  univer- 
sity or  in  any  wise  appropriated  by  law  to  its  endowment  or  support;  to  collect  the  interest 
on  all  securities  held  by  him ;  to  pay  out  moneys  only  upon  the  warrant  of  the  secretary 
of  state  as  provided  by  law ;  to  keep  the  same  and  the  accounts  thereof  separate  and  dis- 
tinct from  other  public  funds,  and  particularly  distinguish  the  accounts  of  every  fund, 
according  to  the  nature  thereof,  coming  to  his  charge,  whether  created  by  law  or  by  pri- 
vate bounty;  and  to  discharge  these  and  other  appropriate  functions  relating  thereto  sub- 
ject to  such  regulations  as  the  board  may  adopt  not  inconsistent  with  his  official  duties; 
and  he  and  his  sureties  shall  be  liable  on  his  official  bond  as  state  treasurer  for  the  faith- 
ful discharge  of  such  duties.  [1866  c.  114  s.  6,  7,  10;  1869  c.  13  s.  1;  B.  S.  1878  s.  379; 
Ann.  Slats.  1889  s.  379;  Stats.  1898  s.  379;  1903  c.  260  s.  1;  Supl.  1906  s.  379;  1907 

c.  118] 

230 


Chap.  25  s.  380]  [The  State  University. 

Meetings;  quorum.  Section  380.  The  time  for  the  election  of  the  president  and 
secretary  of  said  board  and  the  duration  of  their  respective  terms  of  office,  and  the  times 
for  holding  the  regular  annual  meeting  and  such  other  meetings  as  may  be  required,  and 
the  manner  of  notifying  the  same,  shall  be  determined  by  the  by-laws  of  the  board.  A 
majority  of  the  board  shall  constitute  a  quorum  for  the  transaction  of  business,  but  a 
less  number  may  adjourn  from  time  to  time.  [1866  c.  114  s.  14,  15;  R.  S.  1878  s.  3S0; 
Ann.  Stats.  1889  s.  380;  Stats.  1898  s.  380] 

University  regents'  meetings  public.  Section  3S0a.  The  meetings  of  the  board  of 
regents  of  the  university  shall  be  open  to  the  public  and  the  press  and  all  records  of  such 
meetings  and  of  all  proceedings  of  such  board  shall  be  open  to  inspection  by  the  public 
and  the  press  at  any  reasonable  hours  thereafter;  provided,  that  said  board  may  hold 
executive  sessions,  the  findings  of  said  executive  sessions  to  be  made  a  part  of  the  records 
of  the  proceedings  of  said  board.     [1913  c.200] 

Duties  of  regents;  additional  powers.  Section  381.  The  board  of  regents  shall 
enact  laws  for  the  government  of  the  university  in  all  its  branches;  elect  a  president  and 
the  requisite  number  of  professors,  instructors,  officers  and  employes,  and  fix  the  salaries 
and  the  term  of  office  of  each,  and  determine  the  moral  and  educational  qualifications  of 
applicants  for  admission  to  the  various  courses  of  instruction;  but  no  instruction,  either 
sectarian  in  religion  or  partisan  in  politics,  shall  ever  be  allowed  in  any  department  of 
the  university;  and  no  sectarian  or  partisan  tests  shall  ever  be  allowed  or  exercised  in  the 
appointment  of  regents  or  in  the  election  of  professors,  teachers  or  other  officers  of  the 
university,  or  in  the  admission  of  students  thereto  or  for  any  purpose  whatever.  The 
board  of  regents  shall  have  power  to  remove  the  president  or  any  professor,  instructor  or 
officer  of  the  university  when,  in  their  judgment,  the  interests  of  the  university  require  it. 
The  board  may  prescribe  rules  and  regulations  for  the  management  of  the  libraries,  cabi- 
net, museum,  laboratories  and  all  other  property  of  the  university  and  of  its  several  de- 
partments, and  for  the  care  and  preservation  thereof,  with  penalties  and  forfeitures  by 
way  of  damages  for  their  violation,  which  may  be  sued  for  and  collected  in  the  name  of 
the  board  before  any  court  having  jurisdiction  of  such  action.  In  the  use  of  men's  and 
women's  dormitories  at  the  university,  preference  as  to  rooming  and  boarding  facilities 
shall  be  given  to  students  who  are  legal  residents  of  this  state ;  but  in  case  additional  facil- 
ities remain  after  such  preference,  the  above  mentioned  rooming  and  boarding  facilities 
may  be  extended  to  nonresident  students.  The  regents  shall  make  suitable  rules  and  regu- 
lations for  carrying  such  dormitory  j^references  into  effect.  All  salaries  and  compensa- 
tions provided  for  in  this  section  shall  be  charged  against  the  proper  appropriation  for 
the  board  of  regents  of  the  university.  [R.  S.  1858  c.  21  s.  10;  1866  c.  114  s.  7;  1876 
c.  229  s.  2;  R.  S.  1878  s.  381;  1885  c.  9;  1887  c.  62;  1889  c.  416;  Ann.  Stats.  1889  s.  381, 
389a,  389b;  Stats.  1898  s.  381;  1913  c.  758  s.  6] 

University;  janitors'  salaries.  Section  381m.  The  board  of  regents  are  empowered 
and  directed  to  fix  and  establish  the  salaries  of  the  janitors  at  the  university  so  that  the 
same  shall  be  equivalent  and  equal  to  the  salaries  paid  to  janitors  at  the  state  capitol. 
[1913  c.  217] 

Use  of  income;  addition  of  other  colleges.  Section  382.  For  the  erection  of  suit- 
able buildings  and  the  purchase  of  apparatus,  a  library,  cabinets  and  additions  thereto,  the 
board  of  regents  are  authorized  to  expend  such  portion  of  the  income  of  the  university 
fund  as  is  appropriated  by  the  legislature  for  such  purposes;  and  if  they  deem  it  expedi- 
ent may  receive  in  connection  with  the  university  any  college  in  this  state  upon  applica- 
tion of  its  board  of  trustees;  and  such  college  so  received  shall  become  a  branch  of  the 
university  and  be  subject  to  the  visitation  of  the  regents.  [R.  S.  1858  c.  10  s.  13,  16; 
R.  S.  1878  s.  382;  Ann.  Stats.  1889  s.  382;  Stats.  1898  s.  382;  1913  c.  758  s.  6] 

Method  of  expending  appropriations.  Section  382a.  All  appropriations  made  by 
law  to  the  board  of  regents  of  the  university  for  the  construction  of  new  buildings,  shall 
be  expended  in  accordance  with  the  following  conditions: 

(1)  Construction  shall,  unless  otherwise  directed  by  law,  be  in  order  of  the  greatest 
need  therefor  as  determined  by  the  regents. 

(2)  No  plan  or  plans  shall  be  finally  adopted,  and  no  contract  or  contracts  shall  be 
entered  into  by  the  regents  for  the  construction  of  any  building  until  such  plans  and  con- 
tracts, with  complete  estimates  of  the  total  cost  thereof,  shall  have  been  submitted  to,  and 
in  writing  approved  by  the  governor,  who  shall  withhold  such  approval  until  he  shall  sat- 
isfy himself  by  a  personal  examination  or  by  such  other  means  as  he  may  in  his  discretion 
adopt,  that  such  building  is  required  for  the  purpose  proposed,  and  that  it  can  and  will  be 
erected  and  fully  completed  according  to  such  plans  or  contracts  for  the  sum  proposed  fur 
the  same  by  the  regents  of  the  appropriation  made  for  such  purposes.     [1913 

231 


Chap.  25  s.  383]  [The  State  University. 

Reports  and  printing  thereof.  Section  3S3.  At  the  close  of  each  biennial  fiscal 
term  the  regents  through  their  president  shall  make  a  report  in  detail  to  the  governor 
and  the  legislature  exhibiting  the  progress,  condition  and  wants*  of  each  of  the  colleges 
embraced  in  the  university,  the  course  of  study  in  each,  the  number  of  instructors  and 
students,  the  amount  of  receipts  and  disbursements,  together  with  the  nature,  cost  and 
results  of  all  important  investigations  and  experiments  and  such  other  information  as 
they  may  deem  important,  one  copy  of  which  shall  be  transmitted  free  by  the  secretary  of 
state  to  all  colleges  endowed  under  the  provisions  of  the  act  of  congress  entitled,  "An 
act  donating  land  to  the  several  states  and  territories  which  provide  colleges  for  the  bene- 
fit of  agriculture  and  the  mechanic  arts,"  approved  July  2,  1862,  and  also  one  copy  to  the 
secretary  of  the  interior  as  provided  in  said  act.  The  board  shall  also  report  to  the  gov- 
ernor as  often  as  may  seem  desirable  the  important  results  of  investigations  conducted  by 
the  director  of  Washburn  observatory  and  by  other  investigators  connected  with  the  uni- 
versity, and  also  the  results  of  such  experiments  therein  relating  to  agriculture  or  the 
mechanic  arts  as  said  board  may  deem  to  be  of  special  value  to  the  agricultural  and  me- 
chanical interests  of  the  state.  With  the  approval  of  the  governor  such  number  of  copies 
as  he  shall  direct,  and  of  the  Washburn  observatory  reports  not  more  than  seven  hundred 
copies,  may  be  printed  by  the  state  printer  in  separate  form  on  good  paper  and  with  such 
appropriate  quality  of  binding  as  the  commissioners  of  public  printing  shall  order. 
Eight  hundred  copies  of  each  of  said  reports,  when  so  directed  by  the  governor,  except 
those  of  the  Washburn  observatory,  shall  be  delivered  to  the  legislature  and  the  remainder 
be  used  in  exchange  for  the  publications  of  other  institutions  and  for  such  other  public 
purposes  as  the  regents  may  order.  [1866  c.  114  s.  12;  R.  S.  1878  s.  383;  1881  c.  124; 
1889  c.  174;  Ann.  Stats.  1889  s.  383,  383a;  1897  c.  282;  Stats.  1898  s.  383] 

Receipts  and  disbursements ;  accounts;  secretary's  bond.  Section  3S3a.  All  moneys 
which  shall  be  derived  to  the  university  from  gifts  or  other  bounties,  from  fees  of  stu- 
dents in  any  form  less  any  rebates  allowed  under  authority  of  the  board,  from  sales  of 
farm  products  or  any  articles  of  personal  property  of  whatever  kind,  from  publications 
or  advertisements  in  publications  of  the  university,  from  fees  for  services  rendered  in 
any  manner,  from  sales  or  rents  of  real  property,  or  from  any  source  whatever  other  than 
in  cases  by  law  required  to  be  paid  to  the  state  treasurer,  may  be  paid  to  the  secretary  of 
the  board  in  all  cases  where  the  board  shall  authorize  him  to  receive  the  same;  and  such 
secretary  shall  at  least  as  often  as  once  a  week  pay  into,  the  state  treasury  the  entire 
amount  of  such  receipts  by  him,  and  shall  on  or  before  the  tenth  day  of  each  calendar 
month  deliver  to  the  state  treasurer  an  itemized  account  of  such  receipts  during  the  pre- 
ceding calendar  month,  showing  the  amount  of  each  sum  so  received  by  him,  the  date 
thereof,  the  person  from  whom  received,  for  what  received,  and  the  particular  fund  or 
account  to  which  the  same  belongs;  save  that  the  details  of  small  receipts  may  be  omitted 
and  the  account  made  summary  in  such  cases  and  to  such  extent  as  the  secretary  of  state 
shall  prescribe  by  forms  therefor;  and  shall  verify  the  correctness  thereof  by  his  affidavit 
thereto  appended;  and  a -duplicate  thereof  he  shall  at  the  same  time  file  with  the  secre- 
tary of  state.  Such  account  shall  be  made  upon  forms  to  be  prepared  and  furnished  by 
the  secretary  of  state.  The  regents  may  require  of  their  secretary  such  bond,  in  such  sum 
and  with  such  sureties  as  they  shall  think  fit  and  its  renewal  when  deemed  desirable; 
and  may  prescribe  regulations  for  the  discharge  of  all  such  duties  not  inconsistent  with 
law.  The  secretary  of  state  shall  audit  and  give  his  warrant  on  the  state  treasurer  for 
all  accounts  certified  to  him  by  the  board  or  its  executive  committee,  in  the  manner  herein 
provided.  All  salaries  for  instructional  or  administrative  service,  and  also  allowances  to 
fellows  and  scholars,  which  have  been  fixed  by  the  board,  shall  be  certified  at  periodical 
intervals  according  to  the  laws  of  the  board  upon  rolls  showing  the  name  of  the  person 
entitled  to  receive  the  same,  the  amount  of  his  fixed  annual  salary  or  allowance  and  that 
the  sum  so  certified  is  then  due  him  according  to  the  method  of  periodical  payment  estab- 
lished by  the  board ;  upon  which  certified  roll  the  secretary  of  state  shall  issue  his  war- 
rant to  each  person  therein  named  for  the  amount  so  certified  to  be  due  to  him.  Pay- 
ments to  janitors,  laborers  and  all  other  employes  and  also  to  all  persons  from  whom  milk 
and  products  for  the  dairy  are  purchased  shall  be  made  upon  rolls  showing  the  name  of 
the  party  entitled,  for  what  service  or  object,  to  what  fund  chargeable,  and  the  amounts 
respectively  due  each ;  which  shall  be  likewise  certified  to  the  secretary  of  state  to  be  cor- 
rect and  due  and  he  shall  issue  thereon  his  warrant  for  the  amount  due  each  person  upon 
such  roll  to  each  such  person.  Every  other  claim  or  account  shall  state  the  nature  and 
particulars  of  the  service  rendered  or  material  furnished  and  be  verified  by  the  affidavit 
of  the  claimant  or  his  agent  and  filed  with  the  secretary  of  the  regents,  and  a  roll,  show- 
ing the  name  of  each  such  person,  for  what  service  or  object,  to  what  fund  chargeable, 

232 


Chap.  25  s.  383jh]  [The  State  University. 

and  the  amount  allowed  to  and  due  him,  shall  be  certified  as  aforesaid  to  the  secretary  of 
.  state;  upon  which  he  shall  issue  his  warrant  for  the  proper  amount  to  the  person  entitled 
thereto.  The  board  may  enact  laws  to  govern  all  such  business  not  inconsistent  with  law; 
and  all  forms  shall  be  prepared  and  furnished  by  the  secretary  of  state.  All  warrants 
issued  pursuant  to  this  section  shall  be  labeled  "University  Warrant"  and  numbered  in 
consecutive  order.  All  gifts,  bounties  and  moneys  paid  in  and  appropriations  made  by 
law  for  the  university,  its  endowment,  aid  or  support,  when  received  by  the  state  treas- 
urer shall  be  at  once  credited  to  the  proper  fund,  and  if  received  as  part  of  the  general 
fund  shall  be  forthwith  transferred  by  warrant  to  the  proper  university  account,  and  shall 
all  thenceforth  be  held  solely  for  the  respective  uses  to  which  the  same  is  by  law  appro- 
priated, and  shall  never  be  employed,  diverted  to,  or  paid  out  for  any  other  use  or  pur- 
pose.    [1895  c.  296;  Stats.  1898  s.  383a;  1903  c.  260  s.  2;  Supl.  1906  s.  383a;  1907  c.  118] 

University  accounts ;  biennial  examination.  Section  383m.  1.  The  board  of  regents 
of  the  state  university  shall  cause  all  of  the  financial  transactions  and  accounts  of  or  relat- 
ing to  the  state  university  in  any  of  its  departments  at  the  close  of  each  biennial  period 
to  be  fully  and  thoroughly  examined  by  an  audit  company  of  recognized  business  stand- 
ing and  reliability  and  approved  of  by  the  governor  and  in  no  way  connected  with  the 
university  or  with  any  of  its  activities. 

Wh-en  made.  2.  Such  examination  shall  be  commenced  immediately  after  the  close 
of  said  period  and  be  completed  as  soon  as  practicable. 

Report.  3.  Upon  the  completion  of  such  examination  a  full  and  detailed  report 
thereof  shall  be  made  by  such  audit  company  to  the  governor,  and  a  printed  copy  of  such 
report  shall  be  furnished  to  each  member  of  the  next  legislature  not  later  than  thirty  days 
prior  to  the  beginning  of  the  next  regular  session.  The  expense  of  such  audit  shall  be 
■charged  against  the  proper  appropriation  for  the  board  of  regents  of  the  university. 
[1909  c.  497;  1911  c.  663  s.  11;  1913  c.  758  s.  5,  6] 

The  president.  Section  3S4.  The  president  of  the  university  shall  be  president  of 
the  several  faculties  and  the  executive  head  of  the  instructional  force  in  all  its  depart- 
ments; as  such  he  shall  have  authority,  subject  to  the  board  of  regents,  to  give  general 
direction  to  the  instruction  and  scientific  investigations  of  the  several  colleges,  and  so 
long  as  the  interests  of  the  institution  require  it  he  shall  be  charged  with  the  duties  of  one 
■of  the  professorships.  The  immediate  government  of  the  several  colleges  shall  be  in- 
trusted to  their  respective  faculties;  but  the  regents  shall  have  the  power  to  regulate  the 
•courses  of  instruction  and  prescribe  the  books  or  works  to  be  used  in  the  several  courses, 
and  also  to  confer  such  degrees  and  grant  such  diplomas  as  are  usual  in  universities  or  as 
they  shall  deem  appropriate,  and  to  confer  upon  the  faculty  by  by-laws  the  power  to  sus- 
pend or  expel  students  for  misconduct  or  other  cause  prescribed  in  such  by-laws.  [1866 
c.  114  s.  10,  11;  1S69  c.  13  s.  1;  R.  S.  1878  s.  384;  Ann.  Stats.  1889  s.  384;  Stats.  189S 
s.  384] 

University;  courses;  departments.  Suction  385.  The  object  of  the  University  of 
Wisconsin  shall  be  to  provide  the  means  of  acquiring  a  thorough  knowledge  of  the  vari- 
ous branches  of  learning  connected  with  literary,  scientific,  industrial  and  professional 
pursuits,  and  to  this  end  it  shall  consist  of  the  following  colleges  or  departments,  to  wit : 

(1)  The  college  of  letters  and  science. 

(2)  The  college  of  mechanics  and  engineering. 

(3)  The  college  of  agriculture. 

(4)  The  law  school. 

(5)  The  medical  school. 

(6)  Such  other  colleges,  schools  or  departments  as  are  now  or  may  from  time  to  time 
be  added  thereto  or  connected  therewith.  [E.  S.  1858  c.  21  s.  1;  1866  c.  Ill;  1869  c.  87; 
B.  S.  1878  s.  385;  1SS9  c.  273  s.  1;  Ann.  Stats.  1889  s.  385;  Stats.  1S98  s.  385;  1907 
c.  428;  1909  c.  36] 

Departments,  what  embraced  in.  Section  386.  The  college  of  letters  and  science 
shall  embrace  liberal  courses  of  instruction  -in  language,  literature,  philosophy  and 
-science,  and  may  embrace  such  other  branches  as  the  regents  of  the  university  shall  pre- 
scribe. The  college  of  mechanics  and  engineering  shall  embrace  practical  and  theoretical 
instruction  in  the  various  .branches  of  mechanical  and  engineering  science  and  art,  and 
may  embrace  such  additional  branches  as  the  regents  may  determine.  The  college  of  agri- 
culture shall  embrace  instruction  and  experimentation  in  the  science  of  agriculture  and  in 
those  sciences  which  are  tributary  thereto,  and  may  embrace  such  additional  branches  as 
the  board  of  regents  shall  determine.  The  college  of  law  shall  consist  of  courses  of  in- 
struction in  the  principles  and  practices  of  law,  and  may  include  such  other  branches  as 
the  regents  may  determine.     The  medical  school  shall  consist  of  courses  of  instruction 

233 


Chap.  25  s.  387]  [The  State  University. 

customarily  covered  in  the  first  two  years  of  a  medical  curriculum.  [1866  c.  114  s.  2,  3; 
R.  S.  1878  s.  386;  1889  c.  273  s.  2;  Ann.  Stats.  18S9  s.  386;  Stats.  1898  s.  386;  1915  c.  334] 

University;  open  to  both  sexes;  military  instruction;  diploma.  Section  387.  All 
schools  and  colleges  of  the  university  shall,  in  their  respective  departments  and  class 
exercises,  be  open  without  distinction  to  students  of  both  sexes;  and  all  able-bodied  male 
students  in  whatever  college  therein  may  receive  instruction  and  discipline  in  military 
tactics,  the  requisite  arms  for  which  shall  be  furnished  by  the  state.  [1866  c.  114  s.  4; 
1867  c.  117;  1878  c.  333;  R.  S.  1878  s.  387;  Ann.  Stats.  1889  s.  387;  1895  c.  243  s.  2,  5; 
Stats.  1898  s.  387,  458d,  4972  sub.  14,  15;  1909  c.  66;  1915  c.  229] 

Nonresident  tuition  at  university.  Section  3S8.  Any  student  who  shall  have  been 
a  resident  of  the  state  for  one  year  next  preceding  his  first  admission  to  the  university, 
shall  be  entitled  to  exemption  from  the  fees  for  tuition  in  the  university.  Any  student 
who  shall  not  have  been  a  resident  of  the  state  for  one  year  next  preceding  his  first  ad- 
mission to  the  university  shall  not  be  exempt  from  the  payment  of  the  tuition  fees  until 
he  shall  have  attended  the  university  for  four  academic  years;  but  if  he  shall  have  at- 
tended the  university  for  one  academic  year  and  the  next  three  years  shall  have  been  spent 
as  a  resident  of  this  state ;  or  if  he  shall  have  attended  the  university  for  two  academic 
years  and  the  next  two  years  shall  have  been  spent  as  a  resident  of  this  state;  or  if  he 
shall  have  attended  the  university  for  three  academic  years  and  the  next  year  shall  have 
been  spent  as  a  resident  of  this  state,  he  shall  be  entitled  to  exemption  from  payment  of 
the  tuition  fees  upon  re-entering  the  university.  The  regents  shall  charge  tuition  at  the 
rate  of  one  hundred  and  twenty-four  dollars  per  school  year  for  any  student  who  shall  not 
have  been  exempted  by  any  of  the  provisions  of  this  section  and  may  prescribe  rates  of 
tuition  for  teaching  extra  studies.  However,  the  regents  of  the  university  may  remit 
either  in  whole  or  in  part  tuition,  but  not  incidental  fees,  to  not  to  exceed  five  per  cent  of 
nonresident  students  upon  the  basis  of  merit  to  be  shown  by  suitable  tests,  examinations  or 
scholastic  records  and  continued  high  standard  of  scholastic  attainment.  [1866  c.  114 
s.  5,  8,  9;  1873  c.  63;  R.  S.  1878  s.  388;  Ann.  Stats.  1889  s.  388;  Stats.  1898  s.  388;  1901 
c.  344;  Supl  1906  s.  388;  1907  e.  105,  118;  1913  c.  758  s.  6;  1915  c.  547] 

Funds  for  support  of;  gifts,  bequests,  etc.  Section  3S9.  Moneys  from  the  follow- 
ing sources  shall  be  used  for  the  support  and  endowment  of  the  university : 

(1)  The  university  fund  income  and  all  other  sums  of  money  appropriated  by  law  to 
such  fund. 

(2)  The  agricultural  college  fund  income. 

(3)  All  such  contributions  as  may  be  derived  from  public  or  private  bounty. 

The  income  of  all  said  funds  shall,  so  far  as  appropriated  by  the  legislature,  be  placed 
at  the  disposal  of  the  board  of  regents,  thenceforth  to  be  independent  and  distinct  of  the 
accounts  of  the  state  and  for  the  support  of  the  aforesaid  colleges  or  departments  of  arts, 
of  letters  and  such  other  colleges  and  departments  as  shall  be  established  in  or  connected 
with  the  university;  but  all  means  derived  from  other  public  or  private  bounty  shall  be 
exclusively  devoted  to  the  specific  objects  for  which  they  shall  have  been  designed  by  the 
grantor;  and  all  gifts,  grants,  bequests  and  devises  for  the  benefit  or  advantage  of  the  uni- 
versity or  any  of  its  departments,  colleges,  schools,  halls,  observatories  or  institutions,  or 
to  provide  any  means  of  instruction,  illustration  or  knowledge  in  connection  therewith, 
whether  made  to  trustees  or  otherwise,  shall  be  legal  and  valid  and  shall  be  executed  and 
enforced  according  to  the  provisions  of  the  instrument  making  the  same,  including  all  pro- 
visions and  directions  in  any  such  instrument  for  accumulation  of  the  income  of  any  fund 
or  rents  and  profits  of  any  real  estate  without  being  subject  to  the  limitations  and  restric- 
tions provided  by  law  in  other  cases;  but  no  such  accumulation  shall  be  allowed  to  pro- 
duce a  fund  more  than  twenty  times  as  great  as  that  originally  given.  All  such  gifts, 
grants,  devises  or  bequests  may  be  made  to  the  regents  of  the  university  or  to  the  president 
or  any  officer  thereof,  or  to  any  person  or  persons  as  trustees,  or  may  be  charged  upon  any 
executor,  trustee,  heir,  devisee  or  legatee,  or  made  in  any  other  manner  indicating  an  in- 
tention to  create  a  trust,  and  may  be  made  as  well  for  the  benefit  of  the  university  or  any 
of  its  chairs,  faculty,  departments,  colleges,  schools,  halls,  observatories  or  institutions  or 
to  provide  any  means  of  instruction,  illustration  or  knowledge  in  connection  therewith,  or 
for  the  benefit  of  any  class  of  students  at  the  university  or  in  any  of  its  departments, 
whether  by  way  of  scholarship,  fellowship  or  otherwise,  or  whether  for  the  benefit  of  stu- 
dents in  any  course,  subcourse,  special  course,  postgraduate  course,  summer  school  or  teach- 
ers' course,  oratorical  or  debating  course,  laboratory,  shop,  lectureship,  drill,  gymnasium, 
or  any  other  like  division  or  department  of  study,  experiment,  research,  observation,  travel 
or  mental  or  physical  improvement  in  any  manner  connected  with  the  university,  or  to 
provide  for  the  voluntary  retirement  of  any  of  its  faculty.  And  it  shall  not  be  necessary 
in  case  of  any  such  gift,  grant,  devise  or  bequest  to  exactly  or  particularly  describe  the 

234 


Chap.  25  s.  390]  [The  State  University. 

members  of  the  class,  group  or  nationality  of  students  intended  to  be  the  beneficiaries,  but 
it  shall  be  sufficient  to  describe  the  class  or  group ;  and  in  case  of  any  such  gift,  grant,  de- 
vise or  bequest  the  regents  shall  divide  and  graduate  the  students  at  the  university  into 
such  classes  or  divisions  as  may  be  necessary  to  select  and  determine  those  belonging  to 
the  class  intended  by  such  gift,  grant,  devise  or  bequest,  and  shall  determine  what  partic- 
ular persons  are  within  or  intended  by  the  same.  It  shall  be  sufficient  in  any  such  gift, 
grant,  devise  or  bequest  to  describe  the  beneficiaries  as  belonging  to  a  certain  course,  sub- 
course,  department  or  division  of  the  university,  or  as  those  pursuing  certain  studies,  speak- 
ing or  writing  a  certain  language  or  languages,  belonging  to  any  nationality  or  nationali- 
ties, or  to  one  of  the  sexes  or  by  any  other  description,  and  in  such  case  the  regents  shall 
determine  the  persons  so  described  as  hereinbefore  provided.  [1S66  c.  114  s.  3;  1870  c.  80 
s.  2;  R.  S.  1878  s.  389;  1883  c.  30 j  Ann.  Stats.  18S9  s.  389;  1891  c.  198;  Stats.  1898  s.  389; 
1903  c.  260  s.  3;  1913  c.  758  s.  6] 

Mill-tax  appropriation;  loans;  school  of  education.  Section  390.  1.  There  shall  be 
levied  and  collected  annually  a  state  tax  of  three-eighths  of  one  mill  for"  each  dollar  of  the 
assessed  valuation  of  the  taxable  general  property  of  the  state  as  ascertained  and  fixed  by 
the  state  board  of  assessment  for  apportionment  of  the  state  tax  to  the  several  counties, 
which  amount,  when  so  levied  and  collected,  shall  be  added  to  the  university  fund  income 
to  be  used  as  specifically  appropriated  by  the  legislature  for  current  and  administration 
expenditures  and  for  the  increase  and  improvement  of  the  facilities  of  the  university; 
provided  that  upon  ariy  apportionment  of  the  funds  in  the  treasury  under  section  1069a 
of  the  statutes,  such  fund  shall  be  applied  to  the  tax  hereinbefore  levied.  The  commis- 
sioners of  public  lands  may  direct  the  state  treasurer,  from  time  to  time,  to  set  apart  such 
sums  by  way  of  loan  to  the  fund  known  as  the  university  f mid  income  for  the  university 
uses  from  uninvested  moneys  in  the  trust  fund  for  the  period  when  so  uninvested,  as  in 
their  judgment  shall  be  prudent,  such  loans  to  be  repaid  to  the  trust  fund  from  the  tax 
hereinbefore  appropriated  with  interest  at  the  rate  then  required  to  school  districts. 

2.  The  regents  of  the  university  are  authorized  to  construct  and  maintain  a  school 
for  demonstration  and  practice,  in  order  to  complete  the  organization  of  a  school  of 
education.  [1876  c.  117  s.  1-3;  R.  S.  1878  s.  390;  1883  c.  300;  1889  c.  282;  Ann.  Stats. 
1889  s.  386a,  390;  1891  c.  29;  1895  c.  241  s.  2,  3;  1897  c.  284  s.  1,  2;  Stats.  1898  s.  390; 
1899  c.  170  s.  1;  1901  c.  322  s.  1;  1903  c.  344  s.  1,  2;  1905  c.  320  s.  1;  Supl.  1906  s.  390; 
1907  c.  118;  1909  c.  306;  1911  c.  631;  1911  c.  664  s.  150;  1913  c.  758  s.  6] 

Section  390a.     [Repealed  by  1907  c.  428  s.  3] 

Section  391.     [Repealed  by  1913  c.  758  s.  5] 

Section  391w.     [1911  c.  631;  repealed  by  1911  e.  663  s.  12] 

Section  392.     [Repealed  by  1913  c.  758  s.  5] 

Summer  school.  Section  392a.  The  board  of  regents  may  maintain  the  summer 
school  of  science,  literature,  language  and  pedagogy  heretofore  established  in  connection 
with  the' university;  provided,  that  all  teachers  employed  therein  shall  be  designated  by 
the  state  superintendent  and  the  president  of  the  university.  [18S9  c.  458  s.  1-3;  Ann. 
Stats.  1889  s.  391b,  391c,  391d;  Stats.  1898  s.  392a] 

Sections  392b  to  392d,  inclusive.     [Repealed  by  1913  c.  772  s.  44] 

Agricultural  extension  work.  Section  392e.  The  regents  of  the  university  are  au- 
thorized to  have  done  experimental  work  in  agriculture  at  such  points  within  the  state  as 
may  in  their  judgments  be  advisable.     [1905  c.  53  s.  1;  Supl.  1906  s.  392e;  1907  c.  118] 

Section  392em.     [Repealed  by  1913  c.  758  s.  5] 

Sections  392em — 1  to  392em — 7,  inclusive.     [Repealed  by  1913  c.  758  s.  5] 

Agricultural  demonstration  stations.  Section  392em — 8.  For  the  purpose  of  aiding 
in  the  agricultural  development  of  the  respective  counties  of  the  state,  the  agricultural 
college  of  the  University  of  Wisconsin  is  authorized  to  establish  three  demonstration 
stations,  on  which  trials  and  demonstrations  shall  be  conducted  to  show  the  methods  of 
agricultural  practice  best  adapted  to  the  development  of  these  respective  localities.  These 
stations  are  to  be  established  under  the  following  conditions;  provided,  however,  that 
not  more  than  one  such  station  shall  be  located  in  any  county : 

(1)  The  location  of  the  station  shall  be  determined  by  the  board  of  regents  of  the 
University  of  Wisconsin,  who,  in  making  such  selection,  shall  take  .into  consideration  the 
relative  opportunities  for  agricultural  development  in  the  respective  regions. 

(2)  The  location  of  such  stations  shall  be  contingent  upon  the  county  leasing  to  the 
regents  of  the  university,  a  suitable  tract  of  cleared  land,  free  of  cost,  for  such  period  as 
may  be  mutually  agreed  upon,  and  appropriating  for  the  partial  maintenance  of  such 
demonstration  station  a  sum  not  less  than  five  hundred  dollars,  which  sum  shall  be  paid 
annually  for  period  of  lease  to  the  secretary  of  the  board  of  regents  of  the  university. 
[1911  c.  624;  1913  c.  758  s.  6] 

235 


Chap.  25  s.  392ew» — SaA  [The  State  University. 

State  soils  laboratory.  Section  392em — 8a.  1.  The  regents  of  the  state  university- 
shall  establish  a  state  soils  laboratory  in  connection  with  the  college  of  agriculture. 

2.  So  far  as  possible  the  state  soils  laboratory  shall  make  use  of  the  rooms,  apparatus 
and  supplies  of  the  department  of  soils  of  the  college  of  agriculture  and  of  the  services  of 
the  instructional,  laborat<  ry  and  field  stall'  of  the  department.  When  necessary  to  the 
proper  carrying  out  of  the  provisions,  of  this  section,  to  secure  the  use  of  accommodations, 
apparatus  and  supplies  other  than  those  available  in  the  department  of  soils  or  to  secure 
the  services  of  university  or  other  state  employes  not  employed  in  the  department  of  soils, 
the  regents  shall  cause  to  be  made  such  arrangements  as  may  be  necessary  to  provide  the 
accommodations,  apparatus,  supplies  or  services  required. 

3.  It  shall  be  the  purpose  and  the  duty  of  the  state  soils  laboratory  to  make  field  ex- 
aminations and  laboratory  analyses  of  the  soil  of  any  land  in  this  state  and  to  certify  to 
the  results  of  such  examinations  and  analyses  upon  the  request  of  the  owner  or  the  occu- 
pant of  the  land  and  the  payment  by  him  of  the  fee  or  fees  hereinafter  prescribed. 

4.  For  services  rendered  under  this  section  the  state  soils  laboratory  shall  charge  the 
person  requesting  such  services  a  fee  which  shall  be  calculated  as  follows : 

(1)  For  the  field  examination  and  the  chemical  analysis  of  the  soil  of  any  tract  of  land 
not  exceeding  one  hundred  sixty  acres  in  area,  when  requested  by  one  person,  five  dollars. 

('_')  ^'hen  the  tract  of  land  exceeds  one  hundred  and  sixty  acres,  for  each  additional 
one  hundred  and  sixty  acres  or  part  thereof,  or  for  each  additional  field  examination  or 
for  each  additional  field  examination  and  chemical  analysis  of  the  soil,  when  requested  by 
one  person,  three  dollars. 

(3)  Whenever  five  or  more  residents  in  any  organized  town  shall  request  such  field  ex- 
amination or  chemical  analysis,  or  both,  of  land  owned  by  such  persons  in  such  town,  the 
charge  to  each  such  person,  for  the  service  stated  in  subdivision  (1)  of  this  subsection,  shall 
be  three  dollars  and  for  the  service  stated  in  subdivision  (2)  of  this  subsection  shall  be  two 
dollars;  and  the  soils  laboratory  shall,  upon  the  request  of  such  persons  for  whom  such  ex- 
aminations and  analyses  are  made,  and  without  additional  charge,  send  a  rej:>resentative 
to  such  community,  who  shall  give  a  full  and  complete  explanation  of  such  examination 
and  analysis,  the  purposes  for  which  such  soils  may  be  used  and  the  manner  in  which  such 
lands  may  be  improved. 

5.  The  state  soils  laboratory  shall  make  an  annual  report  of  its  work  to  the  dean  of  the 
college  of  agriculture,  and  the  dean  of  the  college  of  agriculture  shall  include  these  reports 
verbatim  or  in  summarized  form  in  his  biennial  report  to  the  regents  of  the  university  in 
such  manner  as  to  show  : 

(1)  The  number  of  requests  made  for  the  services  of  the  laboratory; 

(2)  The  number  of  requests  complied  with; 

(3)  The  fees  received  by  the  laboratory; 

(4)  The  expense  of  conducting  the  laboratory;  and 

(5)  Such  other  facts  as  may  be  necessary  in  judging  of  the  value  of  the  work  done  by 
the  laboratory.     [1913  c.  646] 

Section  M2em— 9.     [Repealed  by  1913  c.  758  s.  5] 

Hog  cholera  serums.  Section  392em — 10.  1.  The  regents  of  the  University  of  Wis- 
consin shall  cause  to  be  prepared  by  the  agriculture  college  and  the  department  of  veter- 
inary science  thereof,  serums  or  vaccines  which  will  produce  immunity  in  hogs  against  the 
disease  known  as  cholera,  and  for  such  purposes  shall  cause  the  agricultural  college  to  ob- 
tain such  additional  assistance  and  install  such  additional  equipment,  materials,  appli- 
ances and  apparatus  as  may  be  necessary. 

2.  The  regents  shall,  through  the  agricultural  college,  furnish  to  any  bona  fide  resident 
of  this  state,  who  is  engaged  in  the  raising  of  hogs,  and  who  makes  request  therefor,  such 
serums  and  vaccines  as  may  be  necessary  to  immunize  his  hogs  against  cholera,  and  shall 
charge  and  collect  therefor  at  the  rate  of  one  cent  per  cubic  centimeter;  provided  that  no 
serums  or  vaccines  shall  be  furnished  to  any  person  at  such  price  unless  such  person  shall 
have  first  produced  sufficient  evidence  that  the  disease  known  as  hog  cholera  exists  among 
the  hogs  belonging  to  such  person,  or  among  the  hogs  in  his  immediate  neighborhood,  and, 
in  the  latter  case,  evidence  shall  be  furnished  to  show  that  there  is  danger  of  the  disease 
being  communicated  to  the  hogs  of  such  person.  Such  serums  or  vaccines  may  also,  upon 
request,  be  furnished  to  any  bona  fide  resident  of  this  state  who  is  engaged  in  the  raising 
of  hogs,  and  for  the  use  of  such  person,  when  the  conditions  above  mentioned  do  not  exist, 
but  the  price  therefor  shall  be  the  actual  cost  of  the  production  of  such  serums  or  vac- 
cines. Moneys  received  under  this  section  shall  be  used  to  carry  out  the  provisions  of  this 
section. 

3.  It  is  further  provided  that  hog  cholera  virus  (disease-producing  blood)  which  is 
used  in  certain  methods  of  vaccination  shall  not  be  administered  by  any  person  or  persons 

236 


Chap.  25  s.  392em — 12J  [The  State  University. 

except  a  legally  qualified  veterinarian  and  shall  be  used  only  in  herds  where  the  disease  has 
recently  occurred  or  in  adjacent  herds.  Provision  is  hereby  mads  for' the  use  of  virus  in 
other  cases  only  upon  the  previous  written  approval  of  the  state  veterinarian.  Further- 
more every  person  in  control  of  premises  on  which  hogs  have  died  from  cholera  are  re- 
quired promptly  to  burn  the  carcasses  with  lire  or  bury  and  cover  the  same  with  lime  or  a 
large  quantity  of  ashes.  Any  person  violating  any  of  the  provisions  of  this  subsection 
shall  be  punished  as  provided  in  subsection  4  of  this  section. 

4.  Any  person  who  shall  sell,  give  away,  maliciously  waste  or  otherwise  misuse  or  mis- 
apply any  serums  or  vaccines  furnished  to  him  under  the  provisions  of  this  section,  and 
any  person  who  shall  wilfully  misrepresent  himself  or  who  shall  in  any  wise  misrepresent 
or  falsify  for  the  purpose  of  obtaining  any  serums  or  vaccines  from  the  agricultural  col- 
lege under  this  section,  or  any  person  who  shall  violate  any  of  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  dollars  nor  more  than  five  hundred  dollars  or  by  im- 
prisonment in  the  county  jail  for  not  less  than  ten  nor  more  than  ninety  days,  or  by  both 
such  fine  and  imprisonment.      [19  13  c.  370  ;  1915  c.  305] 

Pharmaceutical  experiment  station.  Section  392em — 12.  The  board  of  regents  of 
the  state  university  are  authorized  and  directed  to  establish,  equip  and  maintain  in  the  de- 
partment of  pharmacy  of  the  state  university  a  pharmaceutical  experiment  station.  The 
duties  of  the  said  station  shall  be: 

(1)  To  co-operate  with  the  bureau  of  plant  industry  of  the  department  of  agriculture 
in  the  maintenance  of  the  northern  station  for  the  cultivation  of  medicinal  plants  and  to 
disseminate  such  information  as  may  lead  to  the  proper  cultivation  of  medicinal  plants  and 
the  production  of  high  grade  vegetable  drugs  in  this  state;  and 

(2)  To  serve  the  public  at  large  by  co-operation  with  both  j^harmacists  and  physicians 
in  securing  for  the  sick  the  best  medicines  that  pharmaceutical  science  and  art  can  provide, 
and  further  by  co-operation  with  the  state  board  of  pharmacy,  the  state  board  of  health, 
and  the  dairy  and  food  commission  to  bring  about  these  results.     [1913  e.  404] 

Section  392/.      [Repealed  by  1913  c.  758  s.  5] 

Contagious  abortion  experiments.  Section  392/ — 5.  There  is  appropriated  to  the 
regents  of  the  university  out  of  any  money  in  the  treasury  not  otherwise  appropriated  the 
sum  of  five  thousand  dollars,  said  sum  to  be  expended  by  said  board  through  the  agricul- 
tural college  in  experimenting  with  the  disease  amongst  animals  known  as  "contagious 
abortion,"  with  a  view  of  finding  a  cure  therefor  and  thereby  eradicating  such  disease. 
[1913  c.  76] 

Sections  392g  to  392j,  inclusive.     [Repealed  by  1913  c.  758  s.  5] 

geological  and  natural  history  survey. 

Constitution  of  survey.  Section  392j — 1.  There  is  hereby  constituted  a  geological 
and  natural  history  survev  of  the  state  of  Wisconsin.  [1897  c.  297  s.  1;  1911  c.  663 
s.  13] 

Purposes.     Section  392j— 2.     This  survey  shall  have  for  its  object : 

(1)  The  completion  of  the  geological  survey  of  the  state,  and  especially  the  exami- 
nation of  the  rocks,  with  reference  to  the  occurrence  of  iron  ores,  building  stones,  and 
other  valuable  mineral  products,  and  in  reference  to  their  value  as  material  for  road  con- 
struction. 

(2)  A  study  of  the  soils  of  the  state. 

(3)  A  study  of  the  plants  of  the  state,  and  especially  of  the  forests,  with  reference  to 
their  cultivation  and  preservation. 

(4)  A  study  of  the  animal  life  of  the  state,  and  especially  the  occurrence,  distribu- 
tion and  production  of  fish  in  the  lakes  and  streams  of  the  state,  and  a  study  of  foods 
and  enemies  of  fish. 

(5)  The  preparation  of  an  account  of  the  physical  geography  and  natural  history  of 
the  state,  in  such  form  as  to  serve  as  manuals  for  the  public  schools,  and  of  special  reports 
on  subjects  of  economic  importance,  in  such  form  as  to  be  of  direct  service  to  the  people. 

(6)  The  completion  of  the  topographic  map  of  the  state  begun  by  the  United  States 
geological  survey  \  but  no  money  shall  be  expended  for  topography  unless  an  equiva- 
lent amount  be  expended  for  this  purpose  in  the  state  by  the  United  States  government. 
[1897  c.  297  s.  2;  1911  c.  663  s.  13] 

Board  of  commissioners  created;  organization;  functions.  Section  392 j — 3.  This 
survey  shall  be  governed  by  a  board  of  commissioners,  consisting  of  the  governor  of  the 
state,  the  state  superintendent  of  public  instruction,  the  president  of  the  state  university, 
the  president  of  the  commissioners  of  fisheries,  and  the  president  of  the  Wisconsin  acad- 
emy of  sciences,  arts   and   letters.      The   commissioners   shall   meet   within  thirty   days 

237 


Chap.  25  s.  392j — ij  [The  State  University. 

after  the  passage  of  this  act,  and  organize  as  a  commission  and  adopt  by-laws  for  their 
government,  not  inconsistent  with  law,  and  shall  meet  at  such  times  and  places  as  they 
may  prescribe.  A  majority  shall  be  a  quorum.  They  shall  choose  from  their  number,  a 
president,  secretary,  and  such  other  officers  as  their  by-laws  may  prescribe.  The  commis- 
sioners shall  have  general  charge  of  the  survey,  and  shall  appoint  a  superintendent  of  the 
survey,  and  on  his  nomination,  such  assistants  and  employes  as  they  may  deem  necessary 
and  may  remove  them  at  pleasure.     [1897  c.  297  s.  3;  1911  c.  663  s.  13;  1913  c.  772  s.  58] 

Publication  of  reports;  stationery  and  postage.  Section  392j — 4.  It  shall  be  the 
duty  of  the  commissioners  to  prepare  a  report  before  the  meeting  of  each  legislature, 
showing  the  progress  and  condition  of  the  survey,  giving  an  account  of  money  spent, 
together  with  such  other  information  as  may  be  deemed  necessax-y  and  useful.  The  super- 
intendent shall  transmit  to  the  commissioners,  from  time  to  time,  special  reports,  with 
necessary  illustrations  and  maps,  as  these  are  completed.  If  approved  by  the  commis- 
sioners they  shall  be  transmitted  to  the  commissioners  of  public  printing,  who  are  author- 
ized to  have  the  reports  published  in  a  suitable  manner,  as  independent  reports,  as  bulletins 
of  the  state  university,  or  in  the  transactions  of  the  Wisconsin  academy  of  sciences,  arts 
and  letters,  as  the  commissioners  of  the  survey  deem  best.  If  published  as  independent  re- 
ports, it  shall  be  the  duty  of  the  commissioners  of  public  printing  to  decide  as  to  the  num- 
ber of  copies  in  the  edition  of  each  particular  report.  Five  copies  of  each  report  shall  be 
delivered  to  each  of  the  state  officers,  and  to  each  member  of  the  legislature.  The  number 
of  copies  provided  by  law  for  other  public  documents  shall  be  furnished  to  the  state  histor- 
ical society,  the  library  of  the  state  university  and  other  state  institutions.  The  remainder 
of  the  independent  reports  shall  be  distributed,  used  in  exchange,  or  sold  by  the  commis- 
sioners of  the  survey,  as  the  interest  of  the  state  and  of  science  demands.  All  moneys  ob- 
tained by  the  sale  of  reports  shall  revert  to  the  state  treasury,  as  a  part  of  the  general 
fund.  Volumes  obtained  in  exchange  for  reports  shall  be  added  to  the  library  of  the  Wis- 
consin academy  of  sciences,  arts  and  letters.  The  superintendent  of  public  property  shall 
furnish,  upon  the  requisition  of  the  president  of  the  commissioners  of  the  survey,  such 
stationery  and  postage  stamps  as  may  be  necessary  for  the  use  of  the  commissioners 
and  the  superintendent  of  the  survey  in  official  business.  [1897  c.  297  s.  4;  1911  c.  663 
s.  13] 

Dissemination  of  material  collected.  Section  392j — 5.  After  material  collected 
shall  have  served  the  purposes  of  the  survey,  it  shall  be  distributed  to  the  state  univer- 
sity, the  colleges  of  the  state,  the  state  normal  schools,  and  the  free  high  schools  of  the 
state,  under  the  approval  of  the  commissioners  of  the  survey,  in  such  a  manner  as  to  be 
of  the  greatest  advantage  to  education  in  the  state.     [1897  c.  297  s.  5;  1911  c.  663  s.  13] 

Section  392k.     [Repealed  by  1913  c.  772  s.  59] 

Soil  survey  and  map.  Section  392k — 1.  The  geological  and  natural  history  survey 
of  the  state  of  Wisconsin  is  directed  to  cause  a  soil  survey  and  a  soil  map  of  the  state  to 
be  made  for  the  purpose  of  ascertaining  the  character  and  fertility  of  the  developed 
and  undeveloped  soils  of  the  state,  the  extent  and  practicability  of  drainage  of  the  swamp 
and  wet  lands  of  the  state,  and  the  means  for  properly  conserving  and  increasing  the 
fertility  of  the  soil  of  the  state,  such  work  to  be  carried  on  in  co-operation  with  the 
college  of  agriculture  of  the  University  of  Wisconsin.     [1909  c.  403;  1911  c.  627] 

Investigation  of  geological  resources;  topographic  map;  survey  of  lead  and  zinc 
region  and  water  powers;  report;  appropriation.  Section  392Z.  1.  The  geological  and 
natural  history  survey  is  directed  to  investigate  the  geological  resources  of  the  state  with 
regard  to  quantity,  quality  and  present  and  future  economic  value,  paying  particular 
attention  first  to  iron  ore,  fluxing  limestones,  and  road  materials. 

2.  Said  geological  and  natural  history  survey  is  further  directed  to  carry  on  as  rap- 
idly as  practicable  the  topographic  mapping  of  the  state.  This  work  may  be  done  in 
co-operation  with  national,  state  or  private  organizations,  according  to  arrangements 
deemed  advantageous  to  the  state. 

3.  Said  geological  and  natural  history  survey  is  farther  directed  to  extend  the  survey 
of  the  lead  and  zinc  region  beginning  with  districts  which  are  at  present  of  greatest 
economic  importance. 

4.  Said  geological  and  natural  history  survey  is  further  directed  to  continue  the  sur- 
vey of  the  water  powers  of  the  state.  This  last  survey  may  be  made  in  conjunction  with 
the  United  States  geological  survey. 

5.  Upon  completion  of  the  work  named,  full  reports  shall  be  made  to  the  governor  for 
the  use  of  the  legislature.  [1907  c.  641;  1907  c.  676  s.  23;  1909  c.  458;  1911  e.  627;  1913 
c.  772  s.  59] 

Survey  of  mineral  lands,  mines  and  water  powers.  Section  392? — 1.  1.  The  geo- 
logical and  natural  history  survey  is  directed  to  examine  the  lands  of  the  northern  part  of 
the  state  and  classify  them  in  accordance  with  their  mineral  content  and  geological  and 

238 


Chap.  25  s.  392m]  [The  State  Universitt. 

other  evidences  of  the  presence  of  mineral.  The  classification  shall  be  made  in  a  manner 
to  be  agreed  upon  by  the  state  tax  commission  and  said  survey,  and  as  rapidly,  as  the  classi- 
fication of  each  separate  township  is  completed,  the  detailed  report  of  such  township  shall 
be  furnished  to  the  tax  commission. 

2.  The  said  geological  and  natural  history  survey  is  authorized  to  enter  upon  any  and 
all  lands  for  the  purpose  of  making  a  geological  examination  thereof  by  persons  competent 
to  make  such  examination,  and  to  require  the  owner  or  lessor  of  such  lands  to  open  to  their 
inspection  for  the  purposes  of  this  act  all  records  relating  to  the  presence  of  minerals  and 
furnish  for  inspection  copies  of  such  maps  or  plats  as  may  be  in  his  possession. 

3.  Said  geological  and  natural  history  survey  is  directed  to  examine  the  mines  and  ex- 
plored mineral  lands  of  the  state  by  persons  competent  to  make  such  examinations  and 
make  an  accurate  determination  of  the  amount  of  ore  therein,  the  expense  of  mining,  the 
probable  life  of  the  mine,  and  such  other  factors  as  may  be  necessary,  in  the  judgment  of 
the  state  tax  commission  and  the  geological  and  natural  history  survey,  for  a  proper  valua- 
tion thereof.  For  the  purpose  of  this  investigation  all  books,  inventories,  waybills,  maps, 
plats,  correspondence,  and  memoranda  relating  to  or  used  in  the  transaction  of  the  business 
of  any  person,  copartnership  or  corporation  owning  or  operating  any  such  mine  or  ex- 
plored mineral  land,  shall  on  demand  by  the  geological  and  natural  history  survey,  or  its 
authorized  representative,  be  open  to  its  or  his  inspection  or  examination.  Any  such  per- 
son, cop-artnership  or  corporation  owning  or  operating  any  mine  or  explored  mineral 
lands  shall  furnish  for  inspection  to  the  geological  and  natural  history  survey,  upon  re- 
quest, copies  of  all  maps  and  plats  that  relate  to  the  workings  of  his  or  its  mine  or  mines 
and  to  his  or  its  explored  mineral  lands." 

4.  Said  geological  and  natural  history  survey  is  further  directed  to  investigate  the  water 
powers  of  the  state  by  carefully  gauging  the  flow  of  the  streams,  by  making  surveys  of  the 
profiles  of  the  streams,  by  a  study  of  the  effect  of  the  drainage  of  lands  upon  the  flow  of 
streams,  and  by  such  other  investigations  as  may  prove  necessary  and  expedient. 

5.  Any  officer,  agent,  clerk  or  employe  of  said  survey  or  said  tax  commission  who  shall 
divulge  or  make  known  to  any  person  except  the  officers  of  said  survey  or  said  tax  com- 
mission, in  any  manner,  directly  or  indirectly,  any  information  whatsoever  given  to  him 
in  the  discharge  of  his  duties  under  subsections  2  and  3  of  this  section,  which  information 
shall  have  been  given  him  with  the  request  that  it  be  not  divulged,  upon  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  not  less  than  one  month  nor  more  than  six 
months,  or  by  imprisonment  in  the  state  prison  for  not  more  than  two  years  in  the  discre- 
tion of  the  court;  provided,  that  nothing  herein  contained  shall  prevent  the  use  for  assess- 
ment purposes  of  any  information  obtained  under  the  provisions  of  this  act.     [1913  c.  672] 

WISCONSIN  MINING  SCHOOL. 

Wisconsin  mining  school.  Section  392m.  A  school  shall  be  established  in  the  city 
of  Platteville,  to  be  called  the  Wisconsin  mining  school,  for  the  purpose  and  under  the  regu- 
lations contained  in  sections  392»  to  392z/,  inclusive.     [1907  c.  573;  1915  c.  560] 

Mining  school  board.  Section  392w.  The  said  school  shall  be  under  the  control  and 
management  of  a  board  of  three  members  to  be  known  as  the  Wisconsin  mining  school 
board,  one  of  whom  shall  be  the  superintendent  of  public  instruction,  and  two  shall 
reside  in  the  southwestern  part  of  the  state  in  what  is  known  as  the  lead  district,  who 
shall  be  appointed  by  the  governor  of  the  state,  one  for  a  term  of  two  and  one  for  a 
term  of  four  years,  beginning  with  the  first  day  of  July,  1907,  and  thereafter  for  terms 
of  four  years,  who  shall  serve  without  compensation.  Vacancies  on  the  board  shall  be 
filled  for  the  unexpired  term.     [1907  c.  573] 

Board  meetings;  quorum;  officers;  disbursements.  Section  392o.  The" board  shall 
hold  its  first  meeting  in  the  city,  of  Platteville  on  the  fifteenth  day  of  July,  1907.  Meetings 
may  be  called  subsequently  by  two  of  said  members  in  such  manner  as  they  may  direct, 
and  all  meetings  may  be  adjourned  at  the  pleasure  of  the  board.  A  majoritv  of  the 
board  shall  constitute  a  quorum  for  business.  The  superintendent  of  public  instruction 
shall  be  president  of  such  board.  At  the  first  meeting  of  said  board  or  as  soon  as  mav 
be,  said  board  shall  appoint  some  suitable  person  secretary  to  hold  his  office  during  the 
pleasure  of  the  board  and  shall  fix  times  for  regular  meetings  of  the  board.  The  state 
treasurer  shall  be  the  treasurer  of  the  board.  No  money  shall  be  paid  out,  nor  any  con- 
tract be  made,  or  any  act  done,  involving  the  payment  of  money  or  the  disposal  of  prop- 
erty, except  in  pursuance  of  a  vote  of  the  board.     [1907  c.  573] 

Buildings,  equipment  and  faculty.  Section  392p.  As  soon  as  the  means  in  its  hands 
will  permit  without  incurring  indebtedness,  said  board  shall  proceed  to  obtain  a  suitable 
location,  and  lease,  purchase  or  erect  such  buildings,  and  procure  such  furniture,  appa- 

239 


Chap.  25  s.  392g]  [The  State  University. 

ratus,  library  aud  implements  as  may  be  necessary  for  tbe  successful  operation  of  said 
school,  and  appoint  a  principal  and  such  other  teachers  and  assistants  as  the  board  may 
deem  expedient,  with  salaries  to  be  paid  from  time  to  time  as  it  -may  agree  and  to  regu- 
late their  duties,  but  no  agreement  shall  be  valid  whereby  such  board  shall  be  prevented 
from  discharging  any  one  in  its  employ  upon  two  months'  previous  notice.     [1907  c.  573] 

Study  course,  dean  of  engineering  to  approve;  incidental  fees  and  tuition.  Section 
392g.  The  course  of  instruction  shall  be  two  years  in  length  and  shall  embrace  geology, 
mineralogy,  chemistry,  assaying,  mining  and  mining  surveying  and  such  other  branches 
of  practical  and  theoretical  knowledge  as  will,  in  the  opinion  of  the  board,  conduce  to 
the  end  of  enabling  students  of  said  school  to  obtain  a  knowledge  of  the  science,  art  and 
practice  of  mining  and  the  application  of  machinery  thereto.  The  dean  of  the  college 
of  engineering  of  the  University  of  Wisconsin  shall  be  consulted  concerning  the  course 
of  study,  and  the  same  and  all  modifications  thereof  shall  be  approved  by  him.  No 
student  who  shall  have  been  a  resident  of  the  state  for  one  year  next  preceding  his  admis- 
sion shall  be  required  to  pay  his  fees  or  other  charges  for  tuition  or  other  purposes  in 
said  school,  except  for  the  cost  price  of  materials  actually  consumed  by  such  student  in 
pursuit  of  any  studies.  The  board  may  prescribe  rates  for  tuition  for  any  student  who 
shall  not  have  been  a  resident  as  aforesaid,  which  shall  not  be  less  than  fifty  nor  more 
than  two  hundred  dollars  per  year.     [1907  c.  573] 

Study  course;  school  government.  Section  392r.  The  course  of  study,  the  terms 
and  the  hours  of  instruction  shall  be  regulated  by  the  board,  who  shall  also  have  power 
to  make  all  such  rules  and  regulations  concerning  the  admission,  control  and  discipline 
of  students  and  other  matters,  as  may  be  deemed  necessary  for  the  good  governmenl 
of  the  institution,  and  convenience  and  transaction  of  its  business,  and  also  to  grant 
diplomas  upon  the  completion  of  the  prescribed  course.     [1907  c.  573] 

Debt  and  property  transactions.  Section  392s.  No  debt  shall  be  contracted  beyond 
or  apart  from  the  actual  means  at  the  disposal  of  the  institution.  The  board  may  dispose 
of  or  lease  any  property  donated  to  the  state  for  the  purposes  of  said  school.  The  board 
shall  not  enter  upon  the  business  of  mining,  or  pursue  the  same,  except  so  far  as  it  may 
be  deemed  necessary  in  the  course  of  instruction,  nor  shall  they  purchase  any  lands 
beyond  what  are  required  for  the  reasonable  accommodation  of  the  school.  The  board 
shall  not  sell,  mortgage  or  otherwise  dispose  of  any  real  estate  purchased  by  them  or 
donated  by  the  state  without  the  express  authority  of  the  legislature.     [1907  c.  573] 

Mineral  collection;  annual  report.  Section  392t.  It  shall  be  the  duty  of  the  board 
to  provide  for  obtaining  a  complete  collection  of  the  minerals  of  the  lead  region  of  Wis- 
consin and  classifying  the  same.  The  board  shall  on  the  thirtieth  day  of  June  of  each 
even-numbered  year  make  a  report  of  its  proceedings  to  the  governor,  and  shall  transmit 
therewith  a  general  report  showing  their  receipts  and  expenditures  during  the  period  for 
which  the  report  is  made,  as  well  as  the  general  affairs  of  said  school.  [1907  c.  573;  1913 
c.  758  s.  10] 

Section  392m.     [Repealed  by  1913  c.  758  s.  9] 

Section  392v.     [Repealed  by  1911  c.  663  s.  15] 

County  aid.  Section  392w.  The  county  board  of  any  county  is  hereby  authorized 
to  appropriate  money  for  the  equipment  and  maintenance  of  the  Wisconsin  mining 
school.  The  county  boards  of  two  or  more  counties  may  appropriate  money  for  the 
equipment  and  maintenance  of  said  school.  When  two  or  more  counties  unite  in  equip- 
ping and  maintaining  said  school,  the  Wisconsin  mining  school  board  shall  apportion  the 
amount  to  be  raised  by  taxation  among  the  counties  in  proportion  to  the  assessed  valua- 
tion of  each  county  as  last  fixed  by  the  state  board  of  assessment,  and  shall  report  to  the 
county  clerk  of  each  county  the  apportionment  so  made,  on  or  before  the  first  Monday  of 
November  in  each  year.  The  amount  so  apportioned  to  each  county  shall  be  levied  in  the 
county  tax  for  the  ensuing  year  for  the  support  of  such  school.  Any  such  appropriation 
may  be  made  by  any  such  county  at  any  regular  annual  meeting  of  the  county  board  after 
the  passage  and  publication  of  this  act,  which  appropriation  shall  be  available  on  and 
after  the  thirtieth  day  of  June,  1911,  and  annually  thereafter  as  provided  in  this  section 
[1909  c.  362;  1915  c.  560] 

Section  392a;.     [Repealed  by  1915  c.  560  s.  2] 

City  aid;  reimbursement;  limit;  certificates;  payment.  Section  392y.  Any  city 
wherein  a  mining  school  is  located  may  appropriate  annually  for  equipping  and  maintain- 
ing said  school  or  may  appropriate  annually  for  the  purpose  of  reimbursing  any  county 
or  counties  which  have  appropriated  money  for  the  equipment  and  maintenance  of  such 
school  a  sum  not  exceeding  three  thousand  dollars  in  any  one  year.  In  case  no  county 
board  shall  appropriate  any  money  as  provided  in  section  392w,  then  any  city  within  which 

240 


Chap.  26  s.  393]  [Normal  Schools  and  Academies. 

is  located  a  mining  school  may  appropriate  annually  not  to  exceed  three  thousand  dollars 
for  the  equipment  and  maintenance  of  said  school.  [1909  c.  362;  1911  c.  663  s.  16;  1913 
c.  758  s.  10;  1915  c.  560] 

Section  392^.     [Repealed  by  1913  c.  75S  s.  9] 

CHAPTER  26. 

NORMAL  SCHOOLS  AND  OF  ACADEMIES. 

Board  of  regents  of  normal  schools.  Section  393.  For  the  government  of  the  nor- 
mal schools  established,  and  which  may  hereafter  be  established,  and  for  the  performance 
of  the  duties  prescribed  to  them,  there  is  constituted  a  board  of  eleven  regents,  called 
"The  Board  of  Regents  of  Normal  Schools,"  composed  of  the  state  superintendent,  as 
ex  officio  regent,  and  of  ten  appointed  regents,  at  least  one  of  whom  shall  be  a  woman; 
the  term  of  office  of  the  appointed  regents  commencing  with  the  first  Monday  in  Febru- 
ary in  the  year  in  which  appointed,  shall  be  five  years  and  until  the  appointment  and 
qualification  of  their  respective  successors;  except  that  the  regents  first  appointed  under 
this  act  shall  be  divided  into  five  classes  of  two  each,  and  the  term  of  office  of  said 
classes  so  first  appointed  shall  be  respectively  one,  two,  three,  four  and  five  years  and 
until  their  successors  shall  be  appointed  and  qualified,  and  their  successors  in  office 
shall  continue  so  divided  into  five  classes  of  two  each,  so  that  the  term  of  office  of  two 
regents  shall  expire  each  year.  The  governor  shall  fill  all  vacancies  by  appointment, 
and  in  case  of  a  vacancy  before  the  expiration  of  a  term,  the  appointment  shall  be  for 
the  residue  of  the  term  only.  [1869  c.  151  s.  24;  1870  c.  29  s.  2;  1876  c.  17  s.  1;  R.  S. 
1878  s.  393;  Ann.  Stats.  1889  s.  393;  Stats.  1898  s.  393;  1899  c.  74  s.  1,  2;  1899  c.  260 
s.  1;  1901  c.  166  s.  1;  1905  c.  168  s.  1;  Supl.  1906  s.  393;  1907  e.  118] 

Powers  of  regents.  Section  394.  The  board  of  regents  and  their  successors  in 
office  are  constituted  a  body  corporate  by  the  name  aforesaid;  and  may  purchase,  have, 
hold,  control,  possess  and  enjoy,  in  trust  for  the  state,  for  educational  purposes  solely, 
any  lands,  tenements,  hereditaments,  goods  and  chattels  of  any  nature  which  may  be 
necessary  and  required  for  the  purposes,  objects  and  uses  of  the  state  normal  schools 
authorized  by  law  and  none  other,  with  full  power  to  sell  or  dispose  of  such  personal 
property  or  any  part  thereof  when  in  their  judgment  it  shall  be  for  the  interest  of  the 
state;  and  shall  possess  all  other  powers  necessary  or  convenient  to  accomplish  the  objects 
and  perform  the  duties  prescribed  by  law.  The  board  of  regents  shall  not  sell,  mort- 
gage or  dispose  of  in  any  way  any  real  estate,  nor  borrow  money  without  the  express 
authority  of  the  legislature;  nor  shall  they  contract  indebtedness  nor  incur  liabilities 
to  exceed,  at  any  time,  in  the  aggregate,  the  amount  of  money  which,  under  the  pro- 
visions of  law,  shall  then  be  at  their  disposal  in  the  hands  of  the  state  treasurer;  nor 
shall  said  board  ever  reduce  the  amount  so  at  their  disposal  below  the  aggregate  amount 
of  their  indebtedness  or  liability,  except  in  payment  of  such  indebtedness  or  liability.  The 
proceeds  of  the  sale  of  any  real  or  personal  estate  shall  be  paid  by  them  into  the  treas- 
sury,  and  shall  become  a  part  of  the  income  of  the  normal  school  fund.  [1866  c.  116 ; 
1869  c.  151  s.  26;  1878  c.  227;  R.  S.  1878  s.  394;  Ann.  Stats.  1889  s.  394;  Stats.  1898  s.  394; 
1913  c.  758  s.  3] 

Officers.  Section  395.  The  officers  of  the  board  shall  be  a  president,  vice  president 
and  secretary;  they  shall  severally  hold  their  offices  for  the  term  of  one  year,  and  until 
their  successors  are  elected,  and  shall  perform  the  duties  incident  to  their  several  offices, 
and  such  as  are  prescribed  by  the  board.  The  state  treasurer  shall  be,  ex  officio  the  treas- 
urer of  the  board,  but  the  board  may  appoint  suitable  persons  to  receive  any  tuition 
fees  or  other  monevs  that  may  be  due  from  any  student  or  other  person,  and  pay  the 
same  to  the  treasurer.  [1866  c.  116  s.  11;  1869  c.  151  s.  24,  36;  1870  c.  29  s.  2;  1876 
c.  13  s.  1;  R.  S.  1878  s.  395;  Ann.  Stats.  1889  s.  395;  Stats.  1S98  s.  395;  1905  c.  168 
s.  2;  Supl.  1906  s.  395;  1907  c.  118] 

Meetings;  quorum.  Section  396.  The  said  board  shall  be  supplied  by  the  superin- 
tendent of  public  property  with  necessary  office  room  or  rooms  in  the  capitol,  and  the  said 
board  shall  hold  an  annual  meeting  at  such  office  on  the  second  Wednesday  in  July  in  each 
year  or  at  such  time  as  they  may  designate.  '  Special  meetings  may  be  called  by  the  gov- 
ernor or  by  the  president  of  the  board  on  a  petition  signed  for  that  purpose  by  any  three 
regents.  A  majority  of  the  regents  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness ;  but  a  less  number  may  adjourn  from  time  to  time.  [1869  c.  151  s.  24,  25;  1870  cA 
1876  c.  13  s.  1,  2;  R.  S.  1878  s.  396;  Ann.  Stats.  1889  s.  396;  Stats.  1898  s.  3£ " 
c.  758  s.  3] 

16  241 


Chap.  26  s.  396a]  [Normal  Schools  and  Academies. 

Normal  regents'  meetings  public.  Section  396a.  The  meetings  of  the  board  of  re- 
gents of  the  normal  schools  shall  be  open  to  the  public  and  the  press  and  all  records  of 
such  meetings  and  of  all  proceedings  of  such  board  shall  be  open  to  inspection  by  the  pub- 
lie  and  the  press  at  any  reasonable  hours  thereafter;  provided,  that  said  board  may  hold 
executive  sessions,  the  findings  of  said  executive  sessions  to  be  made  a  part  of  the  records 
of  the  proceedings  of  said  board.     [1913  c.  200] 

Removal  of  regents;  disqualification  of  officers,  etc.  Section  397.  Any  regent  may 
be  removed  from  office  for  cause  upon  reasonable  notice  by  a  vote  of  two-thirds  of  all 
the  regents.  No  regent  or  officer,  trustee  or  person  appointed  or  employed  in  any 
position  or  capacity  connected  with  normal  schools  or  normal  institutes  shall  at  any  time 
act  as  agent  of  any  author  or  publisher  of  or  dealer  in  schoolbooks,  maps  or  charts,  or 
school  library  books,  or  school  furniture  or  apparatus,  or  become  interested  directly  or 
indirectly  in  the  publication,  manufacture  or  sale  of  any  such  as  agent  or  otherwise, 
except  solely  as  author  or  inventor,  and  for  a  violation  hereof  any  regent  shall  be  expelled 
from  the  board  by  a  majority  vote  of  the  regents;  provided,  that  the  purchase  and 
use  of  books  and  appliances  written  or  invented  by  persons  connected  with  any  of  the 
schools  shall  not  be  deemed  to  be  prohibited.  [1866  c.  116  s.  6;  1867  c.  30  s.  3;  1S69 
c.  151  s.  25,  30,  42;  1876  c.  13  s.  2;  R.  S.  1878  s.  397;  Ann.  Stats.  1889  s.  397;  Slats. 
1898  s.  397] 

Section  398.     [Repealed  by  1913  c.  758  s.  2] 

Other  normal  schools;  alteration,  etc.,  of  buildings.  Section  399.  In  addition  to 
those  heretofore  established,  the  said  board  of  regents  may  establish  other  state  normal 
schools  at  such  places  as  they  may  designate,  upon  sites  selected  by  them;  and  when,  in 
their  opinion,  the  educational  interests  of  the  state  require  it,  they  may  proceed  to  erect 
suitable  buildings  upon  the  sites  so  selected,  and  they  may  enlarge,  alter  or  repair  any 
normal  school  buildings.  "Whenever  any  such  site  shall  be  donated,  then  as  soon  as  the 
title  thereto  shall  be  vested  in  them  in  fee  in  trust  as  aforesaid,  and  when  money  is  do- 
nated, then  as  soon  as  such  money  is  paid  into  the  state  treasury,  subject  to  be  paid  out 
only  on  the  warrant  of  the  secretary  of  state,  as  provided  in  the  next  section,  or  secured 
to  be  paid  by  the  deposit  with  the  state  treasurer  of  United  States  or  Wisconsin  state 
bonds  in  amount  equal  in  value  to  the  sums  of  money  so  donated,  said  board  may  procure 
suitable  plans  and  specifications  for  such  buildings,  alterations  or  repairs  thereof,  and 
employ  persons  to  superintend  the  construction  of  the  same;  and  they  may  advertise  for 
proposals  to  erect,  repair  or  enlarge  any  normal  school  building,  reserving  the  right  to 
reject  any  and  all  proposals  made  in  pursuance  of  such  advertisements  and  the  expense  of 
such  advertising  and  procuring  plans  and  specifications  shall  be  paid  from  the  normal 
school  fund  income.  [1S59  c.  94  s.  15;  1866  c.  116  s.  4,  5;  1869  c.  151  s.  28,  29;  1875 
c.  5  s.  1;  R.  S.  1878  s.  399;  Ann.  Stats.  1889  s.  399;  Stats.  1898  s.  399] 

Donations,  collection  and  application  of.  Section  400.  The  said  board  shall  demand 
and  receive  the  sums  of  money  donated  and  subscribed  by  any  persons  to  aid  in  the  erec- 
tion of  the  necessary  buildings  for  normal  schools  in  such  manner  as  said  board  may  pre- 
scribe, and  apply  the  same  in  the  erection  and  completion  of  said  buildings,  the  purchase 
of  the  necessary  books,  apparatus,  furniture  and  fixtures,  and  for  various  other  incidental 
expenses  to  be  incurred  by  said  board  in  pursuance  of  the  provisions  .of  these  statutes, 
and  if  any  surplus  shall  remain,  apply  the  same  to  the  expenses  of  conducting  said  nor- 
mal schools;  and  any  deficit  which  may  arise  in  the  erection  and  completion  of  said  build- 
ings and  purchases  aforesaid  shall  be  paid  out  of  the  normal  school  fund  income.  [1869 
c.  151  s.  27;  1875  c.  5  s.  1;  R.  S.  1878  s.  400;  Ann.  Stats.  1889  s.  400;  1897  c.  19;  Stats. 
1898  s.  400] 

Auditing  accounts.  Section  401.  All  payments  for  the  erection,  repairs  or  enlarge- 
ment of  any  normal  school  buildings,  or  for  fixtures  or  furniture  therefor,  and  all  dis- 
bursements from  the  normal  school  fund  income,  including  the  expenses  of  boards  of  visit- 
ors of  normal  schools  and  of  teachers'  institutes  shall  be  made  by  the  treasurer  of  said 
board  on  the  warrant  of  the  secretary  of  state  drawn  in  accordance  with  the  certificate  of 
the  president  and  secretary  of  the  board,  after  being  audited  and  allowed  pursuant  to  its 
rules  and  regulations,  and  not  otherwise;  and  in  case  of  a  donation  no  such  warrant  shall 
be  issued  for  any  part  thereof  until  the  sums  donated  and  subscribed  shall  have  been  paid 
into  the  state  treasury,  nor  in  any  case  until  the  work  shall  be  done,  the  services  rendered, 
buildings  erected  or  fixtures  or  furniture  purchased  under  the  direction  of  said  board,  and 
pursuant  to  a  contract  made  with  it.  All  claims  and  accounts,  before  being  certified  to 
the  secretary  of  state  by  the  aforesaid  officers  of  such  board,  shall  be  verified  and  ap- 
proved in  the  same  manner  as  claims  against  the  state  university  are  required  to  be  veri- 
fied and  approved.     [1S69  c.  151  s.  27;  1S75  c.  5  s.  1;  R.  S.  1878  s.  401;  1879  c.  93;  Ann. 

242 


Chap.  26  s.  401m]  [Normal  Schools  and  Academies. 

Stats.  1889  s.  401;  1S95  c.  296;  Stats.  1898  s.  401;  1905  e.  168  s.  4;  Supl.  1906  s.  401; 
1907  c.  118] 

Normal  schools'  accounts;  biennial  examination.  Section  401m.  1.  The  board  of 
regents  of  the  state  normal  schools  shall  cause  all  of  the  financial  transactions  and  ac- 
counts of  or  relating  to  the  several  state  normal  schools  under  their  supervision  at  the  close 
of  each  biennial  period  to  be  fully  and  thoroughly  examined  by  an  audit  company  of 
recognized  business  standing  and  reliability,  and  approved  of  by  the  governor  and  in  no 
way  connected  with  any  such  schools  gr  with  any  of  their  activities.  The  cost  of  such 
audit  shall  be  paid  from  and  charged  against  the  proper  appropriation  for  the  board  of 
normal  school  regents. 

When  made.  2.  Such  examination  shall  be  commenced  immediately  after  the  close 
of  said  period  and  be  completed  as  soon  as  practicable. 

Report.  3.  Upon  the  completion  of  such  examination  a  full  and  detailed  report 
thereof  shall  be  made  by  such  audit  company  to  the  governor,  and  a  printed  copy  of  such 
report  shall  be  furnished  to  each  member  of  the  next  legislature  not  later  than  thirty  days 
prior  to  the  beginning  of  the  next  regular  session.  [1909  c.  495 ;  1911  c.  663  s.  18;  1913 
g.  758  s.  2,  3] 

Objects  of  schools.  Section  402.  The  exclusive  purposes  and  objects  of  each  nor- 
mal school  shall  be  the  instruction  and  training  of  persons,  both  male  and  female,  in  the 
theory  and  art  of  teaching,  and  in  all  the  various  branches  that  pertain  to  a  good  common 
school  education,  and  in  all  subjects  needful  to  qualify  for  teaching  in  the  public  schools; 
also  to  give  instruction  in  the  fundamental  laws  of  the  United  States  and  of  this  state  in  ■ 
what  regards  the  rights  and  duties  of  citizens.  [1875  c.  5  s.  2;  R.  S.  187S  s.  402;  Ann. 
Stats.  1889  s.  402;  Stats.  1898  s.  402] 

Model  schools.  Section  403.  Said  board  shall  also  establish  a  model  school  or 
schools  for  practice  in  connection  with  each  state  normal  school,  and  shall  make  all  the 
regulations  necessary  to  govern  and  support  the  same;  and  they  may  in  their  discretion 
admit  pupils  to  such  model  schools  free  of  charge  of  tuition.  [1866  c.  116  s.  7 ;  1869 
c.  151  s.  31;  R.  S.  1878  s.  403;  Ann.  Stats.  1889  s.  403;  Stats.  1898  s.  403] 

Powers  of  board  as  to  schools.  Section  404.  The  said  board  shall  have  the  govern- 
ment and  control  of  all  the  normal  schools,  and  shall  have  power  therefor : 

(1}  To  make  rules,  regulations  and  by-laws  for  the  good  government  and  management 
of  the  same  and  each  department  thereof. 

(2)  To  appoint  a  principal  and  assistants  and  such  other  teachers  and  officers  and  to 
employ  such  persons  as  may  be  required  for  each  of  said  schools;  and  to  prescribe  their 
several  duties. 

(3)  To  remove  at  pleasure  any  principal,  assistant  or  other  officer  or  person  from  any 
office  or  employment  in  connection  with  any  such  school. 

(4)  To  purchase  within  the  amount  appropriated  for  such  purposes  any  needful  and 
proper  apparatus,  books  or  articles  to  assist  in  instruction,  and  to  provide  for  all  necessary 
fuel  and  supplies  for  the  conduct  of  such  schools. 

(5)  To  prescribe  the  courses  of  study  and  the  various  books  to  be  used  in  such  schools. 
But  when  any  state  normal  school  shall  offer  a  course  for  the  express  purpose  of  training 
teachers  for  country  schools,  the  completion  of  which  shall  entitle  one  to  the  certificate 
mentioned  in  section  405,  as  amended  by  this  act,  the  course  of  study  shall  be  the  full  and 
fair  equivalent  of  the  course  of  study  prescribed  for  the  county  training  schools  by  the 
state  superintendent. 

(6)  To  cause  notice  to  be  given  of  the  opening  of  such  schools  and  the  several  terms 
thereof. 

(7)  To  prescribe  rules  and  regulations  for  the  admission  of  students;  but  every 
applicant  for  admission  shall  undergo  an  examination  to  be  prescribed  by  the  board,  and 
shall  be  rejected  if  it  shall  appear  that  he  is  not  of  good  moral  character,  or  if  applying 
as  a  free  pupil  will  not  make  an  apt  or  good  teacher. 

(8)  To  require  any  applicant  for  admission,  other  than  such  as  shall,  prior  to  admis- 
sion, sign  and  file  with  said  board  a  declaration  of  intention  to  follow  the  business  of 
teaching  common  schools  in  this  state,  to  pay  or  to  secure  to  be  paid  such  fees  for  tuition 
as  the  board  may  deem  proper  and  reasonable. 

(9)  To  cause  lectures  on  any  art,  science  or  branch  of  literature  to  be  delivered  in  any 
such  schools  on  such  terms  and  conditions  as  they  may  prescribe. 

(10)  To  confer  by  by-laws  upon  the  principals  of  the  several  normal  schools  the 
power  to  suspend  or  expel  pupils  for  misconduct  or  other  cause  prescribed  in  such  by- 
laws. [1869  c.  151  s.  30,  32,  33,  37,  39;  R.  S.  1878  s.  401;  Ann.  Stats.  1889  s.  404;  Stq 
189S  s.  404;  1909  c.  204;  1913  e.  758  s.  3] 

243 


S 


Ch-ap.  26  s.  405]  [Normal  Schools  and  Academies. 

Diplomas;  certificates.  Section  405.  Said  board  may  grant  diplomas  in  testimony 
of  scholarship  and  ability  to  teach,  but  no  such  diploma  shall  be*  granted  until  such  grad- 
uate shall  have  passed  a  thorough  and  satisfactory  examination  in  the  course  of  study  pre- 
scribed by  the  board.  When  any  such  graduate  has,  after  receiving  such  diploma,  taught 
a  public  school  in  this  state  one  year,  the  state  superintendent  may,  after  such  examina- 
tion as  to  moral  character,  learning  and  ability  to  teach  as  to  him  may  seem  proper,  issue 
to  such  teacher  an  unlimited  state  certificate,  and  thereafter  such  unlimited  certificate 
shall  be  evidence  of  his  qualification  to  teach  in  any  common  school.  The  said  board  may 
also,  on  such  conditions  as  they  may  determine,  grant  a  certificate  of  attendance  certifying 
that  the  holder  has  completed  the  elementary  course  in  a  normal  school  and  is  qualified  to 
teach  a  common  school;  and  the  said  superintendent  may,  upon  conditions  above  pre- 
scribed respecting  diplomas,  issue  a  limited  state  certificate,  and  thereafter  such  certificate 
shall  be  evidence  of  his  qualification  to  teach  in  any  common  school  of  the  state. 

The  said  board  of  regents  may  also  on  such  conditions  as  they  may  determine,  grant  a 
certificate,  certifying  that  the  holder  has  completed  the  course  for  teachers  of  country 
schools  in  a  normal  school  and  is  qualified  to  teach  in  a  country  school.  Such  certificate 
shall  have  the  same  force  and  effect  in  all  respects  as  the  certificate  of  a  county  training 
school,  as  defined  in  section  411 — 6,  and  any  acts  amendatory  of  the  same.  [1869  c.  151 
s.  38,  39;  1875  c.  96;  R.  S.  1878  s.  405;  1885  c.  136;  Ann.  Stats.  1889  s.  405,  458d;  Stats. 
1898  s.  405,  4972  sub.  14,  15;  1909  c.  204] 

Section  406.     [Repealed  by  1913  c.  758  s.  2] 

Mill-tax  appropriation.  Section  406a.  1.  There  shall  be  levied  and  collected  annu- 
ally a  state  tax  of  one-sixth  of  one  mill  for  each  dollar  of  the  assessed  valuation  of  the  tax- 
able general  property  of  the  state  as  ascertained  and  fixed  by  the  state  board  of  assess-  ( 
tnent  for  apportionment  of  the  state  tax  to  the  several  counties,  which  amount  when  so 
levied  and  collected,  shall  be  added  to  the  normal  school  fund  income,  to  be  used  for  cur- 
rent and  administration  expenditures  and  for  the  increase  and  improvement  of  the  facili- 
ties of  the  normal  schools  of  the  state  and  shall  be  expended  only  at  such  times  and  in  such 
amounts  as  the  legislature  shall  direct. 

2.  There  is  annually  appropriated  for  the  period  of  three  years  from  July  1,  1911,  the 
sum  of  one  hundred  fifty  thousand  dollars  to  the  normal  school  fund  income  from  the 
general  fund  of  the  state  out  of  any  money  not  otherwise  appropriated,  to  be  used  for 
the  construction  and  equipment  in  the  order  of  the  greatest  need  therefor  of  such  addi- 
tional buildings  and  the  enlargements  and  repairs  of  buildings,  equipment  thereof,  and 
the  purchase  of  additional  grounds,  as  in  the  judgment  of  the  board  of  normal  school 
regents  shall  be  absolutely  required,  and  can  be  completed  within  the  appropriation  herein 
made. 

3.  All  appropriations  made  by  law  to  the  board  of  normal  regents  for  the  construction 
of  new  buildings,  shall  be  expended  in  accordance  with  the  following  conditions : 

(1)  Construction  shall,  unless  otherwise  directed  by  law,  be  in  order  of  the  greatest 
need  therefor  as  determined  by  the  regents. 

(2)  No  plan  or  plans  shall  be  finally  adopted,  and  no  contract  or  contracts  shall  be 
entered  into  by  the  regents  for  the  construction  of  any  building  until  such  plans  and  con- 
tracts, with  complete  estimates  of  the  total  cost  thereof,  shall  have  been  submitted  to,  and 
in  writing  approved  by  the  governor,  who  shall  withhold  such  approval  until  he  shall  sat- 
isfy himself  by  a  personal  examination  or  by  such  other  means  as  he  may  in  his  discretion 
adopt,  that  such  building  is  required  for  the  purpose  proposed,  and  that  it  can  and  will 
be  erected  and  fully  completed  according  to  such  plans  or  contracts  for  the  sum  proposed 
for  the  same  by  the  regents  out  of  the  appropriation  made  for  such  purposes. 

4.  The  board  of  regents  of  normal  schools  is  authorized  to  improve  the  grounds  se- 
lected for  a  site  for  a  normal  school  in  the  city  of  Eau  Claire  and  donated  to  the  state  for 
that  purpose,  by  grading  and  planting  trees,  and  otherwise,  if  necessary,  and  shall  cause 
to  be  prepared  full  plans  and  specifications  and  estimates  for  building  and  equipment 
necessary  to  properly  establish  and  organize  such  school,  and  shall  submit  the  same  to  the 
legislature  at  the  beginning  of  the  session  of  1913. 

5.  The  board  of  normal  school  regents  may  extend  the  course  of  instruction  in  any 
normal  school  so  that  any  course,  the  admission  to  which  is  based  upon  graduation  from 
an  accredited  high  school  or  its  equivalent  may  include  the  substantial  equivalent  of  the 
instruction  given  in  the  first  two  years  of  a  college  course.  Such  course  of  instruction 
shall  not  be  extended  further  than  the  substantial  equivalent  of  the  instruction  given  in 
the  first  two  years  of  such  college  course  without  the  consent  of  the  legislature.  [1885 
c  364-  Ann.  Stats.  1889  s.  406a;  Stats.  1898  s.  406a;  1899  c.  170  s.  2;  1901  e.  370  s.  1; 
1903  c.  135;  Supl.  1906  s.  406a;  1907  c.  118;  1909  c.  319;  1911  c.  631  s.  8;  1913  c.  758 

s.  3;  1913  c.  760  s.  6] 

244 


Chap.  26  s.  407]  [Normal  Schools  and  Academies. 


teachers'  institutes. 


How  held  and  conducted.  Section  407.  Institutes  for  the  instruction  of  teachers 
shall  be  held  in  each  year  in  such  counties  as  may  be  designated  by  the  state  superin- 
tendent, with  the  advice  and  concurrence  of  said  board,  preference  being  given  to  such 
counties  as  receive  the  least  direct  benefits  from  the  normal  schools.  The  state  superin- 
tendent, by  and  with  the  advice  and  consent  of  said  board,  may  make  such  rules  and 
regulations  as  they  shall  deem  proper  for  organizing  and  conducting  such  institutes,  and 
may,  by  and  with  the  like  advice  and  consent,  employ  an  agent  or  agents  to  perform  such 
work  in  connection  therewith  as  by  such  rules  and  regulations  may  be  prescribed.  Each 
of  said  institutes  shall  be  held  under  the  direction  of  such  agent  or  agents,  assisted  by  the 
county  superintendent.  The  course  of  study  pursued  in  such  institutes  shall,  as  far  as 
practicable,  be  uniform,  and  be  prescribed  by  the  state  superintendent  with  the  assistance 
of  such  agents,  but  subject  to  revision  by  said  board.  [1869  c.  151  s.  40-42,  44,  45; 
1871  o  18  s.  1-3;  1876  c.  203;  R.  S.  1878  s.  407;  Aim.  Stats.  1889  s.  407;  Stats.  189S 
s.  407] 

Section  408.     [Repealed  by  1913  c.  758  s.  2] 

miscellaneous. 

Normal  school  fund  income.  Section  409.  The  normal  school  fund  income  shall, 
under  the  direction  and  management  of  the  said  board,  be  applied  to  the  establishment  and 
support  of  the  state  normal  schools  and  the  purposes  directed  in  this  chapter,  but  moneys 
from  the  said  fund  shall  be  available  only  as  expressly  appropriated  therefrom  by  the 
legislature.  [1869  c.  151  s.  5,  30;  1870  c.  29;  R.  S.  1878  s.  409;  1879  c.  98;  Ann.  Stats. 
1SS9  s.  401,  409;  Stats.  1898  s.  1898;  1913  c.  758  s.  3] 

Regents'  report.  Section  410.  The  president  of  said  board  shall  make  to  the  gov- 
ernor a  biennial  report,  bearing  date  the  thirty-first  day  of  August  of  the  year  in  which 
the  biennial  fiscal  term  closes,  which  shall  contain  a  full  and  detailed  account  of  the  doings 
of  the  said  board,  and  of  all  their  expenditures  and  of  all  moneys  received,  and  the  pros- 
pect, progress  and  condition  of  said  normal  schools;  and  such  report,  together  with  the 
reports  of  the  different  boards  of  visitors,  shall  be  transmitted  to  the  legislature  by  the 
governor.  [1869  c.  51  s.  35;  R.  S.  1S78  s.  410;  Ann.  Stats.  1889  s.  410;  Slats.  1898 
s.  410] 

Reports  of  academies.  Section  411.  It  shall  be  the  duty  of  the  president  of  the 
board  of  trustees  of  every  organized  academy,  seminary  and  literary  or  collegiate  institu- 
tion heretofore  incorporated  or  that  shall  be  hereafter  incorporated,  to  cause  to  be  made 
out  by  the  principal  instructor  or  other  proper  officer,  and  forwarded  to  the  state  super- 
intendent on  or  before  the  tenth  day  of  October  in  each  even-numbered  year,  a  report  for 
the  term  terminating  with  the  thirty-first  day  of  August  of  the  second  preceding  year, 
setting  forth  the  amount  and  estimated  value  of  real  estate  owned  by  the  corporation ;  the 
amount  of  other  funds  and  endowment  and  the  biennial  income  from  all  sources;  the  num- 
ber of  instructors  and  their  respective  salaries;  the  number  of  students  in  the  different 
classes  and  the  rates  of  tuition;  the  studies  pursued  and  the  books  used;  the  course  of 
instruction  and  such  matters  as  shall  be  specially  requested  by  said  superintendent,  or  as 
shall  be  deemed  proper  by  the  president  or  principal  of  such  academies  or  institutions  to 
enable  the  state  superintendent  to  lay  before  the  legislature  in  his  report  a  fair  and  full 
statement  of  the  affairs  and  condition  of  such  institutions.  [1866  c.  27  s.  1;  R.  S.  1878 
s.  411;  Ann.  Slats.  1889  s.  411;  Stats.  1898  s.  411] 

Inspection  of  cadets.  Section  411a.  The  president  or  other  principal  officer  of  any 
incorporated  college  or  school  of  this  state  which  shall  be  under  military  discipline  or 
maintain  a  regular  military  department,  and  have  enrolled,  uniformed  and  armed  not  less 
than  one  hundred  cadets,  may  apply  in  writing  to  the  governor  to  have  the  cor]3s  of  cadets 
of  such  college  or  school  inspected  by  the  adjutant  general  or  other  officer  appointed  by 
the  governor  for  that  purpose.  Such  inspection  shall  be  made  during  April,  May  or  June 
of  each  year,  upon  fifteen  days'  notice  by  mail  to  such  applicant  by  the  inspecting  officer, 
and  shall  be  held  in  the  manner  and  form  prescribed  for  troops  in  the  service  of  the 
United  States.     [1897  c.  260;  Stats.  1S9S  s.  411a] 

Officer's  report.     Section  4116.     The  inspecting  officer  shall  report  to  the  governor: 

(1)  The  number  of  officers,  noncommissioned  officers  and  privates  paraded  and  in- 
spected by  him  in  uniform. 

(2)  What  such  uniform  is  and  the  condition  thereof. 

(3)  The  discipline  and  state  of  instruction. 

245 


Chap.  26  s.  411c]  [Normal  Schools  and  Academies. 

(4)  The  number  and  amounts  of  arms,  accoutrements,  stores  and  military  property 
exhibited  to  him. 

(5)  The  true  condition  of  the  same. 

(6)  If  a  cavalry  company  or  battery  of  artillery  be  maintained,  what  number  of 
horses  were  exhibited  and  their  condition. 

(7)  Whether  such  corps  has  complied  with  these  provisions  and  the  orders  and  regu- 
lations of  the  governor. 

(8)  Such  other  matters  as  may  be  required. 

The  inspecting  officer  shall  receive  no  pay  for  services,  but  may  be  allowed  ten  cents 
per  mile,  to  be  paid  by  each  of  the  schools  so  inspected.  [1897  c.  260;  Stats.  1898 
s.  411b] 

Suspension  from  inspection.  Section  411c.  If  such  inspecting  officer  shall  report 
that  such  corps  numbers  less  than  one  hundred  enrolled,  uniformed  and  armed,  or  that  its 
condition  and  military  proficiency  are  not  such  as,  in  his  judgment,  to  entitle  it  to  the 
benefits  of  section  411d,  the  governor  may  notify  the  president  or  other  principal  officer 
of  such  college  or  school  that  it  is  suspended  from  the  benefits  hereby  given,  and  in  such 
case  no  application  for  an  inspection  as  herein  provided  shall  be  granted  for  a  period  of 
two  years.     [1897  c.  260;  Stats.  1898  s.  411c] 

Graduates;  rank  of.  Section  411d.  In  all  cases  where  a  satisfactory  report  is  made 
by  such  inspecting  officer  the  students  of  such  college  or  school,  residents  of  this  state, 
graduating  during  the  year  within  which  such  report  is  made  and  receiving  full  diploma 
or  certificate  from  such  college  or  school,  shall  be  entitled  to  the  honorary  rank  of  second 
lieutenant  in  the  unorganized  militia  of  the  state;  provided,  that  nothing  herein  shall  be 
construed  to  give  stich  graduates  any  right  to  wear  the  uniform  of  the  Wisconsin  national 
guard.     [1897  c.  260;  Stats.  1898  s.  411d] 

COUNTY  training  schools. 

What  counties  may  establish  schools.  Section  411 — 1.  The  county  board  of  any 
county  within  which  a  state  normal  school  is  not  located,  is  hereby  authorized  to  appro- 
priate money  for  the  organization,  equipment  and  maintenance  of  a  county  training 
school  for  teachers  of  the  common  schools.  [1899  c.  268  s.  1;  1901  c.  373  s.  1;  1903 
c.  338  s.  1;  Supl.  1906  s.  411—1;  1907  c.  118] 

Board  for;  appointments;  vacancies;  bond;  organization.  Section  411 — 2.  A  board 
to  be  known  as  the  county  training  school  board,  is  hereby  created,  who  shall  have  charge 
and  control  of  all  matters  pertaining  to  the  organization,  equipment  and  maintenance  of 
such  school,  except  as  otherwise  provided  by  law.  Said  board  shall  consist  of  three  mem- 
bers, one  of  whom  shall  be  the  county  superintendent  of  schools  of  the  county  or  district 
in  which  the  school  is  located.  The  other  members  of  the  board  shall  be  elected  by  the 
county  board,  for  the  term  of  three  years  from  the  date  of  their  election.  Vacancies  ex- 
isting in  the  board,  from  whatever  cause,  except  in  the  case  of  the  county  superintendent, 
shall  be  filled  by  appointment  made  by  the  chairman  of  the  county  board,  if  the  county 
board  is  not  in  session  when  such  vacancy  occurs.  If  the  county  board  is  in  session,  va- 
cancies shall  be.  filled  by  election  by  said  board  for  the  unexpired  term.  Appointments 
made  by  the  chairman  of  the  county  board,  as  hereinbefore  specified,  shall  be  for  the  time 
to  elapse  until  the  next  regular  meeting  of  the  county  board.  Each  person  appointed  or 
created  a  member  of  the  county  training  school  board  shall  within  ten  days  after  the 
notice  of  such  appointment,  take  and  subscribe  an  oath,  to  support  the  constitution  of  the 
United  States  and  the  constitution  of  Wisconsin,  and  honestly,  faithfully  and  impartially 
to  discharge  his  duties  as  a  member  of  said  board,  to  the  best  of  his  ability,  which  oath 
shall  be  filed  in  the  office  of  the  county  clerk.  He  shall  also,  within  the  same  time,  file  a 
bond  in  such  sum  as  may  be  fixed  by  the  county  board,  which  bond  shall  be  filed  in  the 
office  of  the  county  clerk.  Within  fifteen  days  after  the  appointment  of  said  board,  the 
members  thereof  shall  meet  and  organize  by  electing  one  of  their  number  as  president 
and  one  as  treasurer;  the  county  superintendent  of  schools  shall  be  ex  officio  secretary  of 
the  said  board.  The  said  board  shall  prescribe  the  duties  of  the  several  officers,  except 
as  fixed  by  law.  [1899  c.  268  s.  2;  1901  c.  373  s.  2;  1903  c.  338  s.  2;  Supl.  1906  s.  411—2; 
1907  c.  118] 

Moneys  for,  how  paid.  Section  411 — 3.  All  moneys  appropriated  and  expended 
under  the  provisions  of  this  act  shall  be  expended  by  the  county  training  school  board, 
and  shall  be  paid  by  the  county  treasurer  on  orders  issued  by  said  board.  [1899  c.  268 
s.  3;  1001  c.  373  s.  3;  1001  c.  338  s.  3;  Supl.  1906  s.  411—3;  1907  c.  118] 

Duty  of  state  superintendent.  Section  411 — 4.  The  state  superintendent  shall 
give  such  information  and  assistance  as  may  seem  necessary  in  organizing  and  maintaining 

"240 


Chap.  26  s.  411 — 5 J  [Normal  Schools  and  Academies. 

such  training  schools.  He  shall  prescribe  the  course  of  study  to  be  pursued;  shall  have  the 
general  supervision  of  all  schools  established  under  this  section;  shall  from  time  to  time  in- 
spect the  same,  make  such  recommendations  relating  to  their  management  as  he  may  deem 
necessary,  and  make  such  reports  thereon  as  shall  give  full  information  concerning  their 
number,  character  and  efficiency;  provided,  that  he  shall  not  place  upon  the  said  list  more 
than  thirty-three  schools.  [1899  c.  268  s.  4;  1901  c.  373  s.  4;  1903  c.  338  s.  4;  Supl  1906 
s.  411—4;  1907  c.  118,  601;  1907  c.  676  s.  19;  1909  c.  264;  1911  c.  455;  1911  c.  664  s.  84; 
1913  c.  259] 

Accredited  list;  report;  state  aid;  certificate  warrant.  Section  411 — 5.  1.  xVny 
school  established  under  the  provisions  of  sections  411 — 1  to  411 — 11,  inclusive,  whose 
courses  of  study  and  the  qualifications  of  whose  teachers  have  been  approved  by  the 
state  superintendent,  may,  upon  application,  be  placed  upon  an  approved  list  of  county 
training  schools  for  teachers.  A  school  once  entered  upon  such  list  may  remain  listed 
and  be  entitled  to  state  aid  so  long  as  the  scope  and  character  of  its  work  are  maintained 
in  such  manner  as  to  meet  the  approval  of  the  state  superintendent;  provided,  that  he 
shall  not  place  upon  said  list  more  than  thirty  schools.  On  the  first  day  of  July  in  each 
year  the  secretary  of  each  county  training  school  board  maintaining  a  school  on  the  ap- 
proved list  shall  report  to  the  state  superintendent,  setting  forth  the  facts  relating  to  the 
cost  of  maintaining  the  school,  the  character  of  the  work  done,  the  number  and  the 
names  of  teachers  employed  and  such  other  matters  as  may  be  required. 

2.  Upon  the  receipt  .of  such  report,  if  it  shall  appear  that  the  school  has  been  main- 
tained in  a  satisfactory  manner  for  a  period  of  not  less  than  nine  months  during  the  year 
closing  on  the  thirtieth  day  of  the  preceding  June,  the  said  superintendent  shall  make  a 
certificate  to  that  effect  and  file  it  with  the  secretary  of  state.  "Upon  receiving  such  certifi- 
cate, the  secretary  of  state  shall  draw  his  warrant,  payable  to  the  treasurer  of  the  county 
maintaining  such  school,  or  in  case  such  school  is  maintained  by  two  or  more  counties  such 
warrant  shall  be  payable  to  the  treasurer  of  such  school  for  an  amount  equal  to  the  sum 
expended  for  the  wages  of  duly  approved  and  qualified  teachers  employed  in  the  school  for 
at  least  nine  months  during  the  school  year,  provided  that  a  school  employing  two  teachers 
shall  not  receive  to  exceed  three  thousand  dollars,  and  a  school  employing  three  or  more 
teachers  shall  not  receive  to  exceed  four  thousand  dollars  for  said  nine  months.  Any 
county  training  school  for  teachers  which  maintains  its  school  for  more  than  nine  months 
during  any  school  year  shall  receive  for  such  additional  time  a  sum  of  money  from  the 
state  which  shall  be  in  the  same  proportion  to  the  sum  received  from  the  state  for  nine 
months  as  the  additional  time  for  which  the  school  is  conducted  over  the  nine  months  is  to 
the  nine  months.  Payments  made  under  this  section  shall  be  charged -to  the  appropria- 
tion provided  in  section  172 — 59. 

3.  Any  school  established  under  the  provisions  of  sections  411 — 1  to  411 — 11,  inclusive, 
that  will  adopt  a  course  of  study  in  domestic  science  and  employ  a  qualified  teacher  ap- 
proved by  the  state  superintendent,  shall  be  entitled  to  receive,  in  addition  to  the  state  aid 
mentioned  in  subsection  2  of  section  411 — 5,  two  hundred  fifty  dollars  annually,  to  be 
paid  in  the  same  manner  as  other  state  aid  is  paid  to  schools,  established  under  sections 
411—1  to  411—11,  inclusive,  of  the  statutes.  [1899  c.  268  s.  5;  1901  c.  373  s.  5;  1903 
c.  338  s.  5;  1905  c.  509;  Supl.  1906  s.  411—5;  1907  c.  118,  601;  1907  c.  676  s.  19;  1909 
c.  264;  1911  c.  455;  1911  c.  664  s.  84;  1913  c.  495;  1915  c.  292,  448] 

Certificates  to  graduates;  effect  of.  Section  411—6.  1.  Any  person  who  shall  com- 
plete in  a  satisfactory  manner  the  course  of  study  prescribed  for  any  county  training 
school,  and  who  shall  be  of  good  moral  character,  shall  receive  a  certificate  signed  by  the 
principal  of  the  school  and  by  the  members  of  the  county  training  school  board.  Said 
certificate  shall  certify  that  the  person  named  herein  has  satisfactorily  completed  the 
course  of  study  prescribed  for  the  county  training  school,  and  is  of  good  moral  character; 
it  shall  also  contain  a  list  of  the  standings  secured  by  the  person  on  the  completion  of 
each  of  the  studies  pursued  in  the  school. 

2.  Such  certificates  shall  qualify  the  holder  to  teach  in  any  common  school  in  the  county 
under  the  jurisdiction  of  the  county  superintendent  of  schools  in  which  the  county  train- 
ing school  is  located  for  a  term  of  three  years  from  the  date  of  its  issuance;  provided,  that 
in  case  the  holder  of  the  certificate  shall  not  have  had  at  least  one  year  of  successful  ex- 
perience he  shall  not  be  qualified  to  act  as  principal  of  a  second  class  state  graded  school, 
nor  shall  he  be  eligible  to  teach  in  any  position  for  which  a  state  certificate  shall  be  re- 
quired by  law ;  provided,  that  in  case  the  holder  thereof  has  never  taught,  or  cannot  fur- 
nish satisfactory  evidence  of  having  successfully  taught  for  at  least  one  school  year  (seven 
months)  in  the  public  schools  of  this  state,  said  certificate  shall  be  of  full  force  and  effect 
for  one  year  only  from  its  date  of  issue. 

3.  When  satisfactory  evidence  of  successful  teaching  for  at  least  one  year   (seve 
months)  upon  said  training  school  certificate  shall  be  furnished  to  the  county  or 

247 


Chap.  26  s.  411 — 6a  J  [Normal  Schools  and  Academies. 

superintendent,  said  superintendent  shall  remove  the  limitation,  whereupon  the  training 
school  certificate  shall  have  full  force  and  effect  for  two  additional  years. 

4.  Be  it  further  provided  that  in  case  the  holder  of  a  county  teachers'  training  school 
certificate  shall  have  completed  a  four  year  high  school  course,  and  shall  have  taught  suc- 
cessfully for  at  least  seven  school  months,  said  certificate  shall,  when  countersigned  by 
the  county  or  district  superintendent,  legally  qualify  the  holder  to  teach,  for  a  period  of 
five  years  from  the  date  when  such  certificate  was  granted,  and  shall  also  be  a  legal  quali- 
fication to  teach  in  any  department  of  any  state  graded  school,  the  principalship  of  a 
state  graded  school  of  the  first  class  excepted. 

5.  Any  school  superintendent  or  officer  authorized  to  grant  certificates  to  teachers  in 
Wisconsin  schools  is  hereby  authorized,  in  his  discretion,  to  accept  standings  obtained  by 
the  completion  of  studies  in  any  county  training  school  in  the  state,  when  duly  certified  by 
the  principal  of  said  school,  in  lieu  of  actual  examination  by  said  superintendent  or  ex- 
aminer at  any  time  within  three  years  from  the  date  of  the  certificate  of  completion  of  the 
course  by  the  person  desiring  to  have  such  standings  accepted.  [1901  e.  373  s.  6;  1903 
c.  338  s.  6;  1905  c.  509  s.  2;  Supl.  1906  s.  411—6;  1907  c.  118;  1911  c.  602;  1913  c.  418} 

Qualifications  of  board  member  and  principal.  Section  411 — 6a.  No  member  of 
any  county  training  school  board  shall  be  employed  in  the  county  training  school  for 
teachers,  either  as  principal  or  as  assistant  teacher  during  the  term  for  which  he  was 
elected  or  appointed  as  a  member  of  such  county  training  school  board,  nor  shall  any 
person  be  employed  as  a  teacher  in  such  school  who  does  not  hold  some  form  of  a  state 
license  or  certificate;  provided,  that  the  provisions  of  this  section  shall  not  apply  to  any 
person  now  engaged  as  a  teacher  in  a  county  training  school,  nor  shall  any  person  be  em- 
ployed as  principal  of  such  school  who  is  not  legally  qualified  for  the  position  of  prin- 
cipal of  a  free  high  school  having  a  four  years'  course  of  study,  nor  as  an  assistant  one 
who  does  not  hold  some  form  of  state  license  or  certificate.  [1907  c.  601;  1907  c.  676 
s.  19;  1909  c.  601;  1911  c.  349} 

Joint  county  training  schools ;  establishment ;  maintenance.  Section  411 — 7.  1.  The 
county  boards  of  two  or  more  adjoining  counties  may  unite  in  establishing  and  maintain- 
ing a  training  school  for  teachers  for  the  purposes  and  on  the  same  general  plan  as  pro- 
vided for  in  sections  411 — 1  to  411 — 6,  inclusive,  of  the  statutes,  and  may  appropriate 
money  for  its  maintenance,  and  whenever  two  or  more  counties  unite  in  establishing  such 
a  school,  the  county  superintendents  of  the  counties  so  uniting  and  two  members  in  addi- 
tion chosen  from  each  such  county,  no  member  of  any  county  board  being  eligible  thereto, 
shall  constitute  the  joint  county  training  school  board.  The  members  of  the  board  chosen 
by  the  comity  boards  of  supervisors  shall  choose"  one  of  the  county  superintendents  of  the 
counties  uniting  to  maintain  the  school  as  secretary  of  the  county  training  school  board. 

Site;  buildings.  2.  If,  at  the  Lime  of  establishing  such  school,  the  counties  so  uniting 
shall  neglect  to  procure  a  site  or  to  erect  a  school  building  therefor,  such  joint  county 
training  school  board  shall  have  power,  subject  to  the  approval  of  the  state  superintend- 
ent, to  procure  such  site  and  to  erect  a  suitable  school  building  thereon.  The  joint  counl\ 
training  school  board  shall  have  power,  subject  to  the  approval  of  the  state  superintend 
ent,  to  borrow  money  for  the  purposes  of  this  act  from  the  trust  funds  of  the  state  only. 
payable  in  not  to  exceed  ten  years  with  the  annual  interest  at  the  rate  of  not  to  exceed 
three  and  one-half  per  centum,  but  the  total  amount  of  such  loans  shall  not  at  any  time 
exceed  twelve  thousand  dollars.  Loans  for  site  and  building  purposes  shall  be  made  pay- 
able in  equal  annual  instalments,  and  provisions  for  the  payment  of  each  such  instal- 
ment, and  accrued  interest,  shall  be  made  in  the  tax  levy  and  apportionment  mentioned  in 
section  411—8  of  the  statutes.  [1903  c.  338  s.  7;  Supl.  1906  s.  411—7;  1907  c.  118;  1909 
c.  98;  1913  c.  105} 

Maintenance;  equipment;  apportionment.  Section  411 — 8.  Whenever  two  or  more 
counties  unite  in  establishing  and  maintaining  such  school,  the  county  school  board  pro- 
vided for  in  such  cases  shall  determine  the  amount  of  money  necessary  for  the  mainte- 
nance and  equipment  of  the  sdiool  for  the  next  succeeding  year,  and  annually  thereafter 
They  shall  apportion  the  amount  to  be  raised  by  taxation  among  the  counties  in  propor- 
tion to  the  assessed  valuation  of  the  real  and  personal  property  in  each  county  as  last 
fixed  by  the  state  board  of  assessment,  and  shall  report  to  the  county  clerk  of  each  county 
on  or  before  the  first  Monday  of  November  in  each  year,  the  amount  of  the  apportion- 
ment so  fixed,  and  such  amount  shall  be  levied  in  the  county  tax  of  each  county  for  the 
ensuing  year  for  the  support  of  the  school.  Each  county  treasurer  shall,  immediately 
upon  the  collection  thereof,  pay  over  all  moneys  levied  and  collected  pursuant  to  the  pro- 
visions of  this  act  to  the  treasurer  of  the  joint  county  training  school  board  and.  file  the 
hitter's  receipt  therefor  as  a  voucher.  [1903  c.  338  s.  8;  Supl.  1906  s.  411—8;  1907 
c.  118;  1909  c.  98} 

248 


Chap.  26  s.  411 — 9]  [Normal  Schools  and  Academies. 

Treasurer;  tond;  duties.  Section  411 — 9.  Such  joint  county  training  school  board 
shall  choose  a  member  of  said  board  as  treasurer; provided  that  the  person  so  chosen  shall  not 
be  president  or  secretary  of  such  board.  Such  treasurer  shall,  before  assuming  his  office, 
give  a  bond  to  said  board  for  the  faithful  discharge  of  the  duties  of  his  office.  Such  bond 
shall  be  in  the  sum  of  fifteen  thousand  dollars  and  shall  have  three  or  more  sureties  ap- 
proved by  said  board;  or  said  treasurer,  in  lieu  cf  said  bond  so  signed  by  said  three  sure- 
ties, may  give  surety  bond  to  be  approved  by  said  board,  and  the  cost  of  said  surety  bond 
may  be  paid  for  out  of  the  funds  of  said  joint  training  school  in  the  discretion  of  the 
board.  All  moneys  appropriated  to  and  expended  for  any  such  joint  county  training 
school  shall  be  expended  by  the  board  of  such  sehool  and  shall  be  paid  by  the  treasurer  of 
said  school  on  orders  drawn  by  the  secretary  and  countersigned  by  the  president.  [1903 
c.  338  s.  9;  Supl.  1906  s.  411—9;  1907  c.  118;  1913  c.  105] 

Who  may  be  admitted.  Section  411 — 10.  The  board  of  any  training  school  for 
teachers  established  under  this  law  in  a  single  county,  or  by  two  or  more  adjoining  coun- 
ties, shall  admit  to  said  school,  whenever  the  facilities  provided  will  warrant  said  board  in 
so  doing,  any  person  prepared  to  enter  such  school,  and  who  may  reside  in  any  county 
but  not  within  the  district  where  any  training  school  has  already  been  established.  Per- 
sons so  admitted  shall  be  entitled  to  the  same  privileges  and  subject  to  the  rules  of  the 
board  adopted  for  the  government  of  such  school.  [1903  c.  338  s.  10;  Supl.  1906 
s.  411—10;  1907  c.  118] 

Nonresident  pupils;  tuition;  tax.  Section  411 — 11.  Whenever  any  person  not  re- 
siding in  any  training  school  district  shall  become  a  student  in  any  training  school,  the 
board  of  such  school  is  hereby  empowered  to  charge  a  tuition  fee  for  such  person  to  be 
fixed  by  a  majority  of  the  members  of  said  board  at  a  regular  meeting  thereof,  provided 
that  such  tuition  fee  shall  not  exceed  seventy-five  cents  per  week  for  each  nonresident 
pupil. 

The  county  board  of  supervisors  of  the  county  of  which  such  person  is  a  bona  fide  resi- 
dent, is  hereby  authorized  to,  and  shall  provide  by  tax  upon  the  property  of  the  county,  a 
sum  sufficient  to  provide  for  the  payment  of  the  tuition  on  account  of  the  residents  of  said 
county,  who  have  attended  such  teachers'  training  school,  and  the  amounts  so  levied  shall 
be  collected  when  and  as  other  taxes  are  collected,  and  shall  be  paid  by  the  county  treas- 
urer of  said  county  to  the  county  treasurer  of  the  county  in  which  the  training  sehool  en- 
rolling such  person  is  situated,  and  the  amount  so  received  by  such  treasurer  shall  be 
placed  to  the  credit  of  the  teachers'  training  school  district.  [1903  c.  33S  s.  11;  Supl. 
1906  s.  411—11;  1907  c.  118;  1909  c.  223] 

Section  411—12.     [Repealed  by  1913  c.  772  s.  124] 


CHAPTER  27. 

COMMON  SCHOOLS. 

FORMATION  OF  DISTRICTS. 

Authority  of  town  board.  Section  412.  The  town  board  shall  have  power  to  alter 
or  unite  existing  and  to  form  new  districts.  The  territory  of  a  district  shall  be  contigu- 
ous. If  a  district  contract  debt  it  shall  not  be  so  altered  by  taking  its  territory  as  to 
leave  such  debt  exceeding  five  per  cent  of  the  last  assessed  valuation  of  the  taxable  prop- 
erty remaining  therein.  [1854  c.  80  s.  1;  B.  S.  1858  c.  23  s.  1;  1863  c.  155  s.  1;  1867 
c.  Ill  s.  1;  1868  e.  5  s.  2;  R.  S.  1878  s.  412;  1885  c.  355;  Ann.  Stats.  1889  s.  412;  1897 
c.  354;  Stats.  1898  s.  412;  1911  c.  121] 

Number  of  school  district  not  to  be  changed.  Section  412a.  After  the  first  day  of 
January,  1904,  it  shall  not  be  lawful  for  any  town  board  of  supervisors  or  any  other 
officer  or  officers  to  change  the  number  of  any  sehcol  district,  joint  or  entire. 

If  a  district  is  dissolved,  or  by  the  exercise  of  proper  authority  attached  to  and  made 
a  part  of  another  district  or  districts,  no  newly  formed  district  shall,  after  January  1, 
1904,  be  made  to  bear  the  number  of  the  district  so  dissolved.  [1903  c.  113  s.  1,  2;  Supl. 
1906  s.  412a;  1907  c.  118;  1915  c.  620] 

How  formed  or  altered;  notice;  unintentional  omission.  Section  413.  The  town 
board  shall  make  a  written  order  describing  the  territory  affected  by  the  alteration,  union 
or  formation  of  districts  and  file  the  same,  within  twenty  days,  with  the  town  clerk,  and 
when  districts  are  to  be  united  or  a  new  district  formed,  deliver  to  a  taxable  inhabitant  of 
the  new  district  their  notice  in  writing  describing  its  boundaries  and  appointing  a  time  ai 

249 


Chap.  27  s.  414J  [The  Common  Schools. 

place  for  the  first  district  meeting,  and  therein  direct  such  inhabitant  to  notify  all  of  the 
qualified  voters  of  the  district,  either  personally  or  by  leaving  a  written  notice  at  his  place 
of  residence,  of  the  time  and  place  of  such  meeting  at  least  five  days  before  the  time  ap- 
pointed therefor;  and  said  inhabitant  shall  notify  the  voters  of  such  district  accordingly, 
and  indorse  thereon  a  return  containing  the  names  of  all  persons  thus  notified,  and  said 
notice  and  return  shall  be  recorded  as  a  part  of  the  record  of  the  first  meeting  in  such 
district.  Provided,  that  an  unintentional  omission  to  so  notify  not  to  exceed  one-sixth  of 
said  voters  shall  not  invalidate  said  notice.  [3854  c.  SO  s.  2;  R.  S.  1858  e.  23  s.  1,  2; 
1863  c  155  s.  2,  3;  R.  S.  1878  s.  413;  Ann.  Stats.  18S9  s.  413;  1897  c.  354;  Stats.  1898 
s.  413;  1905  c.  268  s.  1;  Supl.  1906  s.  413;  1907  c.  118] 

Another  method  of  giving  notice.  Section  414.  If  such  notice  be  not  given,  or  if 
the  inhabitants  being  so  notified  refuse  to  meet,  or  if  there  be  no  competent  authority  in 
the  district  to  call  a  special  meeting,  the  town  board  shall  give  and  cause  to  be  served  the 
notice  as  prescribed  in  section  413.  [1863  c.  155  s.  4,  5;  R.  S.  1878  s.  414;  Ann.  Stats. 
1889  s.  414;  1897  c.  354;  Stats.  1898  s.  414] 

Formation  of  joint  districts.  Section  415.  If  a  district  is  to  be  formed  from  adjoin- 
ing towns  the  boards  of  such  towns  shall  meet,  act  together  and  make  their  joint  written 
order  describing  the  territory  embraced  in  such  district,  signed  by  at  least  two  of  the  su- 
pervisors of  each  town,  file  the  order  with  the  town  clerk  of  each  town,  deliver  the  notice 
of  formation  to  a  taxable  inhabitant  of  such  district,  and  cause  the  same  to  be  served  and 
returned  as  prescribed  in  section  413 ;  and  such  district  may  be  altered  only  by  the  joint 
action  of  such  town  boards  as  provided  in  section  418.  Districts  become  joint  by  the  divi- 
sion of  a  town  without  other  action.  [1863  c.  155  s.  15;  R.  S.  1878  s.  415;  Ann.  Stats. 
1889  s.  415;  1897  e.  354;  Stats.  1898  s.  415] 

District,  when  organized.  Section  416.  A  district  shall  be  deemed  organized  when 
any  two  of  the  officers  elected  at  its  first  legal  meeting  file  with  the  clerk  and  cause  to 
be  recorded  in  the  minutes  of  such  meeting  their  written  acceptances  of  the  offices  to 
which  they  have  been  respectively  elected  or  when  it  has  exercised  the  franchises  and 
privileges  of  a  district  for  the  term  of  two  years.  [1863  c.  155  s.  6 ;  R.  S.  1858  c.  23  s.  7; 
R.  S.  1878  s.  416;  Ann.  Stats.  1889  s.  416;  1897  c.  354;  Stats.  189S  s.  416] 

Body  corporate;  name.  Section  417.  The  word  district  as  used  in  this  chapter, 
unless  otherwise  defined,  means  school  district,  and  a  district  lawfully  organized  is  a  body 
corporate  and  possesses  the  usual  powers  of  a  public  corporation  by  the  name  and  style 
of  school  district  (joint)  school  district  number  . . . .,  of  the  town  (towns)  of  . . . .,  name 
of  the  town  (towns)  in  which  the  district  is  situated.  Such  number  shall  be  designated 
by  the  town  board  or  boards  in  the  order  of  the  formation  thereof.  The  board  shall  make 
its  contracts  in  its  corporate  name.  Provided,  however,  that  when  the  territory  embraced 
in  any  district  or  districts  shall  have  been  heretofore  or  shall  hereafter  be  organized  into  a 
village  or  city,  such  district  shall  be  known  by  the  same  name  as  theretofore  but  with  the 
name  of  such  village  or  city  substituted  in  lieu  of  the  name  of  such  town,  and  the  use 
heretofore  of  the  name  of  such  village  or  city  in  lieu  of  the  name  of  such  town  in  the 
designation  of  such  a  school  district  is  hereby  legalized  and  confirmed.  [1854  c.  80  s.  8; 
R.  S.  1858  c.  23  s.  8;  1863  e.  155  s.  7;  R.  S.  1878  s.  417;  Ann.  Stats.  1889  s.  417;  1897 
c.  354;  Stats.  1898  s.  417;  1915  c.  417] 

Lost  records,  restoration  of.  Section  417a.  If  the  record  of  the  formation  ©^es- 
tablishment of  boundaries  of  a  district  be  lost  or  destroyed,  the  board  of  the  town  or  vil- 
lage or  the  council  of  the  city  in  which  such  district  lies  may  make  a  new  record  by 
written  order  entered  in  the  records  of  such  town,  village  or  city.  Whenever  the  town  or 
village  board  or  city  council  shall  contemplate  making  such  new  record,  they  shall  give  at 
least  five  days'  notice  in  writing  to  the  clerk  of  the  affected  district,  stating  when  and 
where  they  will  be  present  to  make  such  new  record,  and  such  clerk  shall  immediately 
notify  the  other  members  of  the  board.  Such  order  shall  within  three  days  be  entered  in 
the  record  of  the  proper  town,  village  or  city,  and  the  clerk  thereof  shall  Avithin  the  same 
lime  file  a  copy  of  such  order  with  the  clerk  of  said  district.  Any  number  of  districts 
may  be  included  in  one  such  order  or  notice.  In  case  of  the  loss  or  destruction  of  the 
records  pertaining  to  a  joint  district,  the  clerk  of  any  town,  village  or  city  in  which  the 
district  lies  shall  procure  and  record  a  certified  copy  of  the  records  of  any  other  town, 
village  or  city  relating  to  such  joint  district,  or  the  board  of  the  town  or  village,  or  coun- 
cil of  the  city  in  which  such  joint  district  lies  may  meet  and  act  together  in  the  making  of 
such  new  record.  An  order  made  pursuant  to  this  section  or  the  record  thereof  shall  be 
presumptive  evidence  of  the  regularity  of  all  prior  proceedings  pertaining  thereto,  of  the 
legality  of  the  formation  of  such  district,  of  the  boundaries  thereof,  and  of  the  loss  or 
destruction  of  the  record  of  its  formation.     Parties  conceiving  themselves  aggrieved  by 

250 


Chap  27  s.  418J  [The  Common  Schools. 

any  decision  made  under  the  foregoing  provisions  may  appeal  therefrom  in  the  maimer 
provided  by  section  497.  [1889  c.  472;  Ann.  Stats.  1SS9  s.  417a;  1897  c.  351;  Stats.  1898 
s.  417a] 

ALTERATION  OF  DISTRICTS. 

Notice  of  hearing.  Section  418.  Whenever  the  town  board  shall  contemplate  an 
alteration  of  a  district  they  shall  give  at  least  five  days'  notice  in  writing  to  the  clerk  of 
the  district  or  districts  to  be  affected  thereby,  stating  in  such  notice  when  and  where  they 
will  be  present  to  decide  upon  such  proposed  alteration;  and  such  clerk  or  clerks  shall 
immediately  notify  the  other  members  of  the  board.  No  territory  shall  be  detached  from 
one  district  unless  by  the  same  order  it  be  attached  to  another;  and  a  district  may  be  dis- 
solved by  attaching  all  its  territory  to  other  districts.  [B.  S.  1858  c.  23  s.  62;  1863  c.  155 
s.  10;  R.  S.  1S7S  s.  4 IS;  Ann.  Stats.  1889  s.  418;  1897  c.  354;  Stats.  1898  s.  418] 

Notice;  time  within  which  change  in  district  may  be  made.  Section  419.  In  all 
cases  where  an  alteration  of  the  boundaries  of  a  school  district  shall  be  made,  the  town 
board  of  supervisors  shall,  within  three  days  thereafter,  give  notice  thereof  by  filing  a 
copy  of  the  order  so  altering  said  school  district,  with  the  town  clerk  and  also  with  the 
district  clerk  of  each  of  the  districts  affected  by  such  alteration.  No  alteration  of  any 
organized  school  district  shall  be  made  to  take  effect  between  the  first  day  of  December  in 
any  year,  and  the  first  day  of  April  following.  [R.  S.  1858  c.  23  s.  63;  1863  c.  155  s.  11 : 
1868  c.  108  s.  1;  R.  S.  1878  s.  419;  'Ann.  Stats.  1889  s.  419;  1897  c.  354;  Stats.  1898 
s.  419;  1903  c.  266  s.  1;  Supl.  1906  s.  419;  1907  c.  118] 

Joint  districts,  alteration.  Section  419a.  Whenever  an  application  in  writing,  de- 
scribing and  clearly  setting  forth  by  use  of  usual  and  definite  terms,  and  having  for  its 
purpose  the  alteration  of  the  boundaries  of  any  joint  school  district,  signed  by  at  least 
two  members  of  the  board  of  supervisors  of  any  town  in  which  any  part  of  such  joint 
school  district  is  situated,  shall  be  presented  to  the  chairman  of  the  town,  mayor  of  the 
city  or  president  of  the  board  of  trustees  of  the  village,  in  which  the  schoolhouse  of  such 
joint  district  may  be  situated,  such  chairman,  mayor  of  the  city,  or  president  of  the  village 
board,  shall,  upon  receipt  of  such  application  or  petition,  fix  a  time  for  the  joint  meeting 
of  the  town  boards  of  supervisors,  and  the  city  council,  or  the  village  board  of  trustees  of 
all  the  municipalities  in  any  way  affected  by  said  proposed  change,  which  time  shall  not 
be  less  than  ten  or  more  than  twenty  days  after  the  presentation  to  said  officer  of  such 
petition  or  application.  The  officer  to  whom  the  application  or  petition  is  presented  shall 
cause  a  written  notice  of  the  time  and  place  of  such  meeting  to  be  given  to  each  super- 
visor, member  of  the  council,  or  member  of  the  village  board  of  trustees  entitled  to  be 
present  at  such  meeting,  which  notice  shall  be  served  at  least  five  days  prior  to  the  date 
fixed  therefor.  Such  meeting  shall  be  held  at  the  schoolhouse  in  such  joint  district,  un- 
less some  other  convenient  place  shall  be  designated  in  the  notice.  If  the  chairman  of 
the  town,  mayor  of  the  city,  or  president  of  the  board  of  village  trustees,  as  the  case  may 
be,  to  whom  such  application  shall  be  presented,  neglect  or  refuse  to  fix  the  time  and 
place  or  to  give  notice  for  the  meeting  as  provided  by  this  section,  or  if  the  supervisors, 
the  city  council,  or  the  board  of  village  trustees,  or  a  majority  thereof,  of  any  town,  city 
or  village  in  any  way  interested  or  affected  by  the  proposed  change  of  school  district 
boundaries,  neglect  or  refuse  to  be  present  at  such  meeting  or  being  present,  neglect  or 
refuse  to  hear  and  vote  upon  the  application  before  them,  the  aioplication  shall  be  deemed 
denied,  and  an  appeal  may  be  had  therefrom  in  similar  manner,  and  with  like  effect  as  in 
other  cases  of  denial.  The  provisions  of  sections  418,  419,  422,  and  497  shall,  as  far  as 
may  be  applicable,  apply  to  the  above  proceedings.  [1882  c.  280;  1887  c.  439;  Ann. 
Stats.  18S9  s.  419a;  1897  c.  354;  Stats.  1898  s.  419a;  1901  c.  348  s.  1;  1903  c.  218  s.  1; 
Supl.  1906  s.  419a;  1907  c.  118] 

Change  of  boundaries  in  joint  school  districts;  application,  how  made.  Section  419b. 
The  board  of  supervisors  of  any  town  containing  territory,  now  or  hereafter,  embraced 
within  the  boundaries  of  any  joint  school  district  may  make  the  application  provided  for 
in  section  1,  whenever  in  their  judgment  such  alteration  will  promote  the  welfare  of  the 
pupils  residing  in  such  town ;  and  such  board  shall  make  such  application  whenever  one- 
third  of  the  voters  residing  in  such  town  or  two-thirds  of  the  voters  residing  in  that  por- 
tion of  such  joint  district,  situate  in  such  town,  shall  make  and  file  with  the  town  clerk  a 
petition,  praying  that  such  alteration  be  made.  [1903  c.  218  s.  2;  Supl.  1906  s.  419b; 
1907  c.  118] 

See  also  4106  (1911  c.  649). 

Consolidation  of  districts;  application.  Section  419&.  Whenever  an  application  in 
writing,  signed  by  at  least  one-third  of  the  legal  voters  in  each  of  two  or  more  school 
districts,  shall  be  filed  with  the  chairman  of  a  town  board  of  supervisors  or  the  preside 
of  a  village  board  of  trustees  or  mayor  of  the  city  in  which  any  part  of  such  whole 

251 


Chap.  27  s.  419c]  [The  Common  Schools. 

joint  school  districts  are  situated,  requesting  the  town  board  or  boards  of  supervisors,  or 
the  town  board  or  boards  of  supervisors  and  the  village  board  of'trustees  or  city  council 
of  any  of  the  municipalities  included  wholly  or  in  part  within  the  boundaries  of  such 
school  districts,  to  call  a  meeting  of  the  town  board  or  boards  of  supervisors,  or  the  town 
board  or  boards  of  supervisors  and  the  village  board  of  trustees  or  city  council,  to  con- 
sider the  question  of  altering  the  boundaries  of  such  school  districts  and  forming  in  lieu 
thereof  one  consolidated  school  district,  it  shall  be  the  duty  of  the  officer  with  whom  such 
application  or  petition  has  been  filed,  to  fix  a  time  for  the  meeting  of  the  town  board  or 
boards  of  supervisors,  or  the  town  board  of  supervisors  and  the  village  trustees  for  a 
meeting  of  the  town  board  of  supervisors  or  for  a  joint  meeting  of  the  town  boards  of 
supervisors  or  town  boards  of  supervisors  and  the  village  board  of  trustees,  or  city  coun- 
cil, in  which  any  part  of  such  whole  or  joint  school  district  may  be  situated,  which  time 
shall  not  be  less  than  ten  nor  more  than  twenty  days  after  the  presentation  to  such  officers 
of  such  petition  or  application.  [1911  c.  649] 
See  also  4196  (1903  c.  218  s.  2). 

Notice  of  meeting;  order  of  consolidation.  Section  419c.  The  officers  to  whom  the 
application  or  petition  is  presented  shall  cause  a  written  notice  of  the  time  and  place  of 
such  meeting  to  be  given  to  each  supervisor,  member  of  the  council,  or  member  of  the 
village  board  of  trustees,  entitled  to  be  present  at  such  meeting,  and  to  the  clerk  of  each 
school  district  affected  by  the  proposed  change,  which  notice  shall  be  served  at  least  five 
days  prior  to  the  date  fixed  therefor.  Such  meeting  shall  be  held  at  the  schoolhouse,  or 
some  convenient  place  within  the  boundaries  of  the  proposed  consolidated  school  district. 
If  the  town  board  of  supervisors  or  the  town  boards  of  supervisors,  or  the  town  board  or 
boards  of  supervisors  and  the  village  board  of  trustees  in  which  any  part  of  the  said 
school  district  shall  be  situated,  shall  by  joint  vote  favor  the  consolidation  of  such  school 
districts,  they  shall  make  an  order  to  that  effect,  which  order  shall  be  duly  filed  in  the 
office  of  the  town  clerk  or  village  clerk  of  each  of  the  towns  or  towns  and  village  in  which 
the  school  districts  may  wholly  or  in  part  lie,  and  thereafter  such  consolidated  school 
district  shall  for  all  purposes  whatsoever  be  considered  one  school  district.     [1911  c.  649] 

Appeal  to  state  superintendent.  Section  419tZ.  If  the  officers  upon  whom  the  appli- 
cation shall  be  served  shall  refuse  or  neglect  to  fix  the  time  and  the  place,  or  to  give  the 
notices  for  the  meeting,  or  if  the  board  of  supervisors  or  the  board  of  village  trustees,  or 
city  council,  or  a  majority  thereof  of  any  town,  towns  or  village,  or  cities,  in  any  way 
interested  in  or  affected  by  the  proposed  change,  shall  neglect  or  refuse  to  hear  and  to 
vote  upon  the  application  before  them,  or  if  a  majority  of  the  town  board  of  supervisors 
or  town  boards  of  supervisors  or  village  board  of  trustees  shall  refuse  to  attend  such 
meeting,  then  the  application  shall  be  deemed  denied,  and  any  person  feeling  himself  ag- 
grieved by  the  action  taken  by  the  town  board  of  supervisors  and  trustees  of  the  village, 
may  appeal  therefrom  to  the  state  superintendent  in  a  similar  manner  and  with  like  effect 
as  in  other  eases.     [1911  c.  649;  1911  c.  664  s.  155] 

Transportation  of  pupils;  state  aid.  Section  419e.  In  case  two  or  more  school  dis- 
tricts shall  be  ordered  consolidated,  and  in  case  the  electors  and  school  board  of  such  con- 
solidated school  district  shall  maintain  during  any  school  year  a  first  class  rural  school,  a 
state  graded  school  or  free  high  school,  and  the  grades  below  a  free  high  school,  and  the 
electors  of  such  consolidated  school  district  shall  direct  the  school  board  to  transport  all 
persons  of  school  age  living  more  than  two  miles  from  the  school  in  such  district,  that  may 
desire  to  attend  school,  then  the  state  may  repay  to  such  school  district  ten  cents  per  day 
for  each  such  person  living  more  than  two  miles  from  school,  the  distance  to  be  measured 
by  the  nearest  traveled  highway,  that  was  so  transported  to  and  attended  school  regularly 
for  at  least  six  months  during  the  school  year.     [1911  c.  649;  1911  c.  664  s.  155,  163} 

Duty  of  parents  or  guardians.  Section  419/.  In  case  the  electors  of  any  such  con- 
solidated school  district  shall  desire  to  take  advantage  of  the  provisions  of  sections  419/) 
to  4197?,  inclusive,  relating  to  transportation,  they  may  make  arrangement  with  the  par- 
ents, guardians  or  other  persons  to  transport  children  living  more  than  two  miles  from 
school;  providing,  that  such  parents,  guardians  or  other  persons  shall  provide  for  the 
transportation  of  the  children  a  comfortable  and  convenient  bus  or  wagon  well  supplied 
with  protection  against  inclement  weather,  and  shall  actually  transport  or  provide  for  the 
transportation  of  such  children  to  the  school  for  at  least  six  months.  [19-11  c.  649 ;  1911 
c.  664  s.  155] 

Form  of  claim  for  state  aid.  Section  419^.  Any  board  of  the  consolidated  school 
district  entitled  to  aid  under  the  provisions  of  sections  4196  to  419/*,  inclusive,  shall,  on 
or  before  the  fifteenth  day  of  July  in  each  school  year,  make  under  oath  a  report  to  the 
state  superintendent  giving  the  name  of  each  pupil  transported  more  than  two  miles,  the 
number  of  days  each  such  pupil  was  transported,  the  mode  of  transportation,  and  the 

252 


Chap.  27  s.  419/;]  [The  Common  Schools. 

total  amount  claimed  by  the  district  on  account  of  all  pupils  residing  more  than  two  miles 
from  school  for  whom  transportation  or  transportation  and  tuition  have  been  paid. 
Upon  receipt  of  such  report  the  state  superintendent  shall  certify  to  the  secretary  of  state 
the  amount  due  such  district,  and  the  secretary  of  state  shall  thereupon  issue  a  warrant  in 
favor  of  such  district,  for  such  amount  which  shall  be  paid  by  the  state  treasurer  to  the 
treasurer  of  the  district  from  the  school  funds  provided  for  by  section  1072a  of  the  stat- 
utes.    [1911  c.  649;  1911  c.  664  s.  155] 

Appropriation.  Section  419/j.  To  carry  out  the  provisions  of  this  act  there  is 
hereby  appropriated  annually,  out  of  the  moneys  assessed  and  collected  under  the  provi- 
sions of  section  1072a  of  the  statutes,  a  sum  sufficient  to  meet  all  the  approved  claims  com- 
ing under  the  provisions  of  sections  4196  to  419/;,  inclusive.  [1911  c.  649;  1911  c.  664 
s.J55] 

Division  of  property.  Section  420.  If  a  new  district  be  formed,  in  whole  or  in 
part,  from  one  or  more  districts  possessed  of  a  schoolhouse  or  entitled  to  other  property 
the  town  board,  at  the  time  of  forming  such  new  district,  shall  determine  the  proportion 
of  the  value  of  the  schoolhouse  and  other  property  justly  due  to  such  new  district  ac- 
cording to  the  taxable  property  of  the  respective  parts  of  such  former  district  at  the  time 
of  the  division,  and  such  amount  of  any  debt  due  from  the  former  district  which  would 
have  been  a  charge  upon  the  hew  had  it  remained  in  the  former  district  shall  be  deducted 
from  such  proportion.  [1S63  c.  155  s.  12,  13;  B.  S.  1858  c.  23  s.  64,  65;  1863  c.  155 
s.  12,  13;  B.  S.  1878  s.  420;  Ann.  Stats.  1889  s.  420;  1897  c.  354;  Stats.  1898  s.  420] 

Collection  and  application  of  money.  Section  421.  The  town  board  shall  certify  to 
the  district  clerk  of  each  district  retaining  a  schoolhouse  or  other  property  the  amount 
ascertained  by  them  as  the  proportion  due  to  the  new  district,  and  such  amount  shall  be 
embodied  in  the  next  statement  of  taxes  to  be  made  by  the  district  clerk  to  the  town  clerk 
as  required  by  section  472,  and  shall  be  collected  and  paid  to  the  treasurer  of  the  new  dis- 
trict to  be  applied  toward  providing  a  schoolhouse  therefor;  and  the  money  so  received 
shall  be  allowed  to  the  credit  of  the  taxable  property  taken  from  the  district  paying  the 
same  in  reduction  of  any  tax  imposed  on  said  taxable  property  in  the  new  district  for  the 
building  of  the  schoolhouse;  but  in  case  the  new  district  shall  have  raised  a  tax  and  pro- 
vided a  schoolhouse  before  the  receipt  of  such  money,  the  treasurer  thereof  shall  pay  on 
demand  to  each  taxpayer  residing  in  the  territory  taken  from  the  district  paying  the  same 
the  amount  actually  paid  by  him  in  schoolhouse  taxes  in  excess  of  the  amount  he  would 
have  paid  if  the  money  had  been  received  and  credit  given  before  such  taxes  were  col- 
lected, and  the  treasurer  shall  be  liable  therefor  on  his  official  bond.  [B.  S.  1858  c.  23 
s.  66;  1862  c.  270  s.  1;  1863  c.  155  s.  14;  B.  S.  1878  s.  421;  Ann.  Stats.  1889  s.  421; 
1897  c.  354;  Stats.  1898  s.  421] 

Dissolution  of  joint  school  districts.  Section  422.  1.  Any  school  district  organi- 
zation of  any  kind,  town  free  high  schools  and  union  free  high  schools  excepted,  consisting 
of  territory  lying  in  two  or  more  towns,  or  in  one  or  more  towns  and  an  incorporated  vil- 
lage, or  any  city,  shall  be  known  and  designated  as  a  joint  school  district.  Such  district 
shall  not  be  dissolved  nor  shall  the  boundaries  thereof  be  changed  except  by  joint  action  of 
the  boards  of  supervisors  of  the  towns,  parts  of  which  comprise  such  district,  or  joint  ac- 
tion of  the  supervisors  of  the  town  or  towns  and  the  board  of  trustees  of  the  village,  or  the 
joint  action  of  the  boards  of  supervisors  of  the  town  or  towns  and  the  common  council  of 
the  city  in  interest,  such  action  to  be  taken  in  accordance  with  the  statutes  governing  and 
directing  such  action  and  proceedings. 

2.  Be  it  also  provided  that  the  incorporation  of  a  village  or  a  city  within  the  boundaries 
of  any  school  district  shall  not  affect  the  organization  or  in  any  wajr  disturb  the  rights  and 
privileges  of  such  district,  except  that  such  district  shall  thereafter  be  known  as  a  joint 
district. 

3.  Be  it  further  provided  that  the  extension  of  the  corporate  limits  of  any  village  or 
city  or  the  change  of  organization  from  a  village  to  a  city  shall  not  in  any  way  affect  the 
boundaries  of  such  joint  district  or  disturb  any  of  the  rights  and  privileges  of  the  resi- 
dents of  such  district.  Neither  shall  it  be  unlawful  to  attach  to  any  village  or  city  school 
district  for  school  purposes  only,  part  or  all  of  the  territory  of  an  outlying  contiguous 
school  district. 

4.  Nothing  in  this  section  shall  in  any  way  affect  or  change  any  of  the  provisions  of 
section  419a  of  the  statutes,  relating  to  the  alterations  of  the  boundaries  of  joint  schoo' 
districts,  or  of  sections  419&  to  419/t,  inclusive,  of  the  statutes,  relating  to  consolidation  of 
several  districts.  [B.  S.  1878  s.  422;  Ann.  Stats.  1889  s.  422;  1897  c.  354;  Stats.  1398 
s.  422;  1901  c.  304  s.  1;  Supl.  1906  s.  422  1907  c.  118;  1913  c.  572] 

Neglect  to  keep  school.     Section  423.     If  a  district  for  two  or  more  successive  year^ 
neglect  to  maintain  school  as  required  by  law,  the  town  board  of  the  town  embracing 

253 


•' 


Chap.  27  s.  424 J  [The  Common  Schools. 

district  shall  attach  the  same  to  such  other  adjoining  district  or  districts  in  the  town  ns 
they  shall  judge  proper;  and  if  the  district  be  joint,  then  the  town  boards  shall  attach  the 
respective  parts  thereof  to  other  districts  in  their  respective  towns.  This  section  shall 
not  apply  to  any  district  which  may  provide  for  the  instruction  of  its  pupils  in  an  ad- 
joining or  other  district,  as  provided  in  subdivision  15,  section  430.     [1863  c.  155  s.  10; 

1873  c.  56;  1874  c.  83;  R.  S.  1878  s.  423;  Ann.  Stats.  1889  s.  423;  1897  c.  354;  Stats.  1893 
s.  423] 

Property  of  dissolved  district.  Section  424.  Whenever  a  district  shall  be  dissolved 
by  reason  of  the  attachment  of  all  its  territory  to  some  other  district,  the  town  board,  and 
in  case  of  a  joint  district  the  town  boards,  shall  take  charge  of  the  property  belonging  to 
the  same  at  the  time  of  its  dissolution,  dispose  of  the  same  by  grant  or  otherwise,  and 
apply  the  proceeds  to  the  discharge  of  its  debts,  paying  over  the  remainder,  if  any,  to 
the  treasurer,  and  in  the  case  of  more  than  one  district,  to  the  treasurers  of  the  districts 
to  which  the  territory  has  been  attached,  in  proportion  to  the  valuation  of  the  property 
attached  to  each  as  appears  from  the  last  tax  rolls  of  the  respective  towns.     [1S73  c.  56; 

1874  c.  83;  R.  S.  1878  s.  424;  Ann.  Stats.  1889  s.  424;  1S97  c.  354;  Stats.  1898  s.  424} 

MEETINGS. 

Annual;  report  to.  Section  425.  The  annual  district  meeting  in  all  school  districts 
shall  be  held  on  the  first  Monday  of  July,  unless  that  be  a  legal  holiday,  in  which  case  it 
hall  be  held  on  the  next  day  at  eight  o'clock  in  the  afternoon,  and  any  annual  meeting 
leretofore  or  hereafter  held  shall  be  valid  notwithstanding  any  provision  to  the  contrary 
n  any  special  or  local  law.  Provided,  that  that  part  of  this  section  fixing  the  date  and 
.ime  of  the  annual  school  district  meeting  shall  not  become  effective  until  the  third  day  of 
January,  1916.  Any  special  meeting  of  any  school  district  shall  be  held  on  the  day 
called  for  at  eight  o'clock  in  the  afternoon.  It  shall  be  the  duty  of  the  district  board  to 
meet  on  the  Saturday  immediately  preceding  the  annual  meeting,  carefully  examine  the 
accounts  of  the  treasurer,  and  make  up  a  full  and  itemized  report  of  all  receipts  and  ex- 
penditures since  the  last  annual  meeting,  of  the  amount  in  the  hands  of  the  treasurer  or 
the  amount  of  the  deficit  for  which  the  district  is  liable,  of  the  amount  necessary  to  be 
raised  by  taxes  for  the  support  of  the  school  for  the  ensuing  year,  and  of  the  amount  re- 
quired to  pay  the  interest  or  principal  of  any  debt  due  or  to  become  due  during  such  year ; 
which  report  shall  be  submitted  in  writing  at  the  annual  meeting  and  recorded  by  the  clerk 
at  length  with  the  action  thereon  in  the  proceedings  of  the  meeting.  [R.  S.  1858  c.  23 
s.  9;  1863  e.  62;  1863  c.  155  s.  17;  1864  c.  434;  1868  e.  23;  1869  c.  6;  R.  S.  1878  s.  425; 
1882  c.  69;  1883  c.  298;  1887  c.  96;  Ann.  Stats.  1889  s.  425;  1897  c.  354;  Stats.  1895 
s.  425;  1913  c.  448,  566;  1915  c.  181,  367,  530] 

Notice.  Section  426.  The  clerk  shall  give  at  least  six  days'  previous  notice  of  the 
annual  meeting  by  posting  notices  therefor  in  four  or  more  public  places  in  the  district, 
one  of  which  shall  be  affixed  to  the  outer  door  of  the  schoolhouse,  if  there  be  one  in  the 
district;  and  he  shall  give  like  notice  for  any  adjourned  meeting,  if  the  adjournment  be 
for  more  than  one  month;  but  no  annus!  meeting  shall  be  deemed  illegal  for  want  of  due 
notice,  unless  it  shall  appear  that  the  omission  to  give  such  notice  was  wilful  and  fraudu- 
lent. [1863  c.  155  s.  18,  20;  1868  c.  23  s.  2;  R.  S.  1878  s.  426;  Ann.  Stats.  1889  s.  426; 
1897  c.  354;  Stats.  1898  s.  426] 

Special  meetings.     Section  427.     Special  meetings  shall  be  called  by  the  clerk,  or  in 
his  absence  by  the  director  or  treasurer,  on  the  written  request  of  five  legal  voters  of  the 
district,  and  notices  thereof  specifying  particularly  the  business  to  be  transacted  shall  be 
posted  in  the  manner  prescribed  for  calling  the  annual  meeting;  and  the  electors  when 
lawfully  assembled  at  a  special  meeting  shall  have  power  to  transact  the  same  business  as 
at  the  first  or  the  annual  meeting,  except  the  election  of  officers,  voting  a  tax  to  compen- 
sate the  clerk  and  authorizing  a  change  in  textbooks.     But  no  more  than  one  such  meeting 
to  consider  the  same  subject  shall  be  held  in  the  district  in  the  same  school  year.     No  tax  or 
loan  or  debt  shall  be  voted  at  a  special  meeting  unless  three-fourths  of  the  legal  voters 
shall  have  been  notified  either  personally  or  by  a  written  notice  left  at  their  places  of 
residence,  stating  the  time,  place  and  objects  of  the  meeting,  and  specifying  the  amount 
proposed  to  be  voted,  at  least  six  days  before  the  time  appointed  therefor,  exclusive  of  the 
day  on  which  the  meeting  is  to  be  held.  .  [1854  c.  80  s.  12;  1858  c.  138  s.  1;  R.  S.  185S 
c.  23  s.  12;  I860  c.  352  s.  4;  1863  c.  155  s.  21;  R:  S.  1878  s.  427;  Ann.  Stats.  1889  s.  427; 
1897  c.  354;  Slats.  1898  s.  427] 

Who  may  vote.  Section  428.  Every  resident  elector  of  the  district  shall  be  entitled 
to  vote  in  any  meeting,  provided  such  elector  has  resided  therein  for  at  least  thirty  days 
next  preceding  any  meeting.     [1854  c.  80  s.  5;  R.  S.  1858  c.  23  s.  5;  1S63  c.  155  s.  8;  1372 

254 


Chap.  27  s.  428a]  [The  Common  Schools. 

c.  174;  R.  S.  1878  s.  428;  Ann.  Stats.  1SS9  s.  428;  1897  c.  354;  Stats.  1898  s.  428;  1899 
c.  233  s.  1;  Supl.  1906  s.  428;  1907  c.  118] 

Women  may  vote.  Section  428a.  1.  Every  woman  who  is  a  citizen  of  this  state,  of 
the  age  of  twenty-one  years  or  upwards  (except  paupers,  persons  under  guardianship, 
and  persons  otherwise  excluded  by  section  two,  of  article  three,  of  the  constitution  of  Wis- 
consin), who  has  resided  within  the  state  one  year,  and  in  the  election  district  where  she 
offers  to  vote,  ten  days  next  preceding  any  election  pertaining  to  school  matters,  shall 
have  a  right  to  vote  at  such  election. 

2.  Separate  ballot  boxes  shall  be  furnished  at  every  election  precinct  in  this  state  at 
every  primary,  general,  municipal  or  special  election  for  the  use  of  women  desiring  to 
vote  on  said  school  matters,  and  separate  ballots  shall  also  be  provided  at  said  elections 
for  the  use  of  said  women,  except  in  such  cities,  towns  and  villages  where  voting  machines 
are  used  with  a  device  enabling  the  election  officials  to  mechanically  and  automatically 
restrict  women  voters  to  those  candidates  and  questions  only  on  which  they  are  by  law  per- 
mitted to  vote.  [1885  c.  211  s.  1;  referendum  vote  1886;  Ann.  Stats.  1889  s.  428a;  1897 
c.  354;  Stats.  1898  s.  12,  428a;  1899  c.  233  s.  2;  1901  c.  285  s.  1;  Supl.  1906  s.  428a;  1907 
c.  118;  1911  c.  384] 

Proceedings  on  challenge.  Section  429.  If  any  person  offering  to  vote  at  a  school 
district  meeting  shall  be  challenged  as  unqualified  by  any  legal  voter  in  such  district  the 
chairman  presiding  at  such  meeting  shall  declare  to  the  person  challenged  the  qualifica- 
tions of  a  voter;  and  if  such  person  shall  declare  that  he  is  a  voter  and  if  such  challenge 
shall  not  be  withdrawn  the  chairman  shall  tender  him  the  following  oath  or  affirmation: 
You  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  you  are  an  actual  resident  of 
this  school  district  and  that  you  are  qualified  according  to  law  to  vote  at  this  meeting. 
And  every  person  taking  such  oath  or  affirmation  shall  be  permitted  to  vote  on  all  ques- 
tions proposed  at  such  meeting;  and  if  the  person  shall  refuse  to  take  such  oath  or  affirma- 
tion his  vote  shall  be  rejected.  [1854  c.  80  s.  6;  R.  S.  1858  c.  23  s.  6;  1863  c.  156  s.  9; 
1872  c.  174  s.  2;  R.  S.  1878  s.  429;  Ann.  Stats.  1889  s.  429;  1897  c.  354;  Stats.  1893 
s.  429] 

Powers  of  meeting.  Section  430.  The  inhabitants  of  any  school  district  qualified 
by  law  to  vote  at  a  school  district  meeting  when  assembled  at  the  first  and  at  each  annual 
meeting  in  their  district  or  at  any  adjournment  thereof  in  their  district  shall  have  power : 

(1)  To  appoint  a  chairman  for  the  time  being,  and  in  the  absence  of  the  clerk  to 
appoint  some  person  to  act  in  his  stead,  and  the  person  so  appointed  shall  certify  the 
proceedings  of  such  meeting  to  the  district  clerk,  who  shall  enter  the  same  in  the  records 
of  the  district  and  file  and  preserve  the  certificate  of  such  temporary  clerk. 

(2)  To  adjourn  from  time  to  time  as  occasion  may  require. 

(3)  To  choose  a  director,  treasurer  and  clerk.  The  election  of  all  officers  shall  be  by 
ballot  and  a  majority  of  all  the  votes  cast  shall  be  necessary  for  a  choice. 

(4)  To  designate  a  site  for  a  district  schoolhouse. 

(5)  To  vote  such  tax  as  the  meeting  shall  deem  sufficient  to  purchase  or  lease  a  suit- 
able site  for  a  schoolhouse,  to  build,  hire  or  purchase  a  schoolhouse  and  to  keep  in  repair 
and  furnish  the  same  with  the  necessary  fuel  and  appendages. 

(5a)  Applications  for  loans  to  school  districts  duly  authorized  prior  to  the  passage  of 
subdivision  5,  section  430  of  the  statutes  (chapter  302,  laws  of  1913)  are  hereby  validated 
and  relieved  of  the  restrictive  provision  relating  to  population  and  to  powers  of  super- 
visors in  force  at  that  time. 

(6)  To  vote  such  tax  as  the  meeting  shall  deem  proper  for  the  payment  of  teachers' 
wages  in  the  district. 

(7)  1.  To  authorize  and  direct  the  sale  of  any  schoolhouse,  site  or  other  property 
belonging  to  the  district  when  the  same  shall  be  no  longer  needed  for  the  use  of  the 
district. 

2.  To  levy  a  tax  for  the  purpose  of  paying  to  any  surety  or  bonding  company  the 
fee  or  consideration  necessary  to  secure  a  bond  indemnifying  the  district  against  any 
loss  of  moneys  belonging  to  the  district  in  the  hands  of  the  school  district  treasurer. 

(8)  To  impose  such  a  tax  as  may  be  necessary  to  discharge  any  debts  or  liabilities  of 
the  district  lawfully  incurred. 

(9)  To  vote  a  tax  not  exceeding  seventy-five  dollars  in  any  one  year  for  the  purchase 
of  maps,  blackboards  and  school  apparatus. 

(10)  To  vote  a  tax  not  exceeding  one  hundred  dollars  in  any  one  year  for  a  district 
library,  consisting  of  such  books  as  they  may  direct  their  district  board,  at  a  district 
meeting,  to  purchase,  said  books  to  be  selected  under  the  advice  of  the  state  superin- 
tendent; provided,  that  any  school  district  having  less  than  two  hundred  children  of 
school  age  shall  not  vote  a  tax  exceeding  fifty  dollars  in  any  one  year  for  such  library 

255 


' 


Chap.  27  s.  430— lj  [The  Common  Schools. 

and  that  no  district  containing  a  population  of  less  than  two  hundred  and  fifty  inhabit- 
ants shall  have  power  to  levy  and  collect  a  tax  of  more  than  five  hundred  dollars  in 
any  one  year  for  any  purpose  other  than  for  the  purposes  prescribed  in  the  fifth  sub- 
division of  this  section,  and  for  the  payment  of  the  principal  and  interest  of  any  loan 
due  tbe  state. 

(11)  To  authorize  the  district  board  to  borrow  money  as  provided  elsewhere  in  these 
statutes. 

(12)  To  authorize  the  district  board  to  admit  to  the  privileges  of  the  school  persons 
over  twenty  years  of  age  and  persons  not  residing  in  the  district,  whenever  such  admis- 
sion will  not  interfere  with  the  accommodation  or  instruction  of  the  scholars  residing 
therein,  and  to  fix  a  fee  for  tuition  per  term,  quarter  or  year  to  be  charged  to  the  persons 
thus  admitted. 

(13)  To  authorize  the  district  board  to  purchase  textbooks  for  use  in  the  public 
schools,  to  be  loaned  or  furnished  pupils  under  such  conditions  as,  by  such  vote  and  reg- 
ulations of  the  board  thereunder,  may  be  prescribed. 

(14)  To  determine  the  length  of  a  time  a  school  shall  be  taught  in  their  district  the 
then  ensuing  year,  which  shall  not  be  less  than  eight  months,  but  if  such  matter,  shall 
not  be  determined  at  the  annual  meeting  the  district  board  shall  determine  the  same. 

(15)  and  (16).     [Repealed  by  1909  c.  502] 

(17)  To  give  such  direction  and  make  such  provision  as  may  be  necessary  in  relation 
to  the  prosecution  or  defense  of  any  action  or  proceeding  in  which  the  district  may  be 
a  party  or  may  be  interested. 

(18)  At  the  annual  meeting  only,  to  vote  a  tax  to  compensate  the  treasurer,  and  di- 
rector, which  in  districts  supporting  graded  and  high  schools  shall  be  such  sums  as  may  be 
voted,  and  in  other  districts  not  more  than  ten  nor  less  than  five  dollars  to  each  of  the 
above  officers. 

(19)  To  alter  or  modify  the  [their]  proceedings  as  occasion  may  require.  [1863  c.  155 
s.  19;  1866  c.  Ill  s.  1;  1867  c.  66  s.  1;  1868  c.  162  s.  1;  1875  c.  315,  339;  1876  c.  91;  R.  S. 
1878  s.  430;  1885  c.  124  s.  1;  Ann.  Stats.  1889  s.  430;  1897  c.  354;  Stats.  1898  s.  430;  1901 
c.  35 1  s.  1,  2;  1905  c.  54  s.  1-3;  Supl.  1906  s.  430;  1907  c.  71,  81,  118;  1909  c.  184,  502; 
1913  c.  94,  302,  448,  641] 

Additional  powers;  suspend  school.  Section  430 — 1.  The  electors  of  any  school 
district  shall  have  power  at  any  annual  or  special  school  district  meeting  to  order  the 
district  board  to  suspend  the  district  school  for  such  length  of  time  as  said  electors  may 
determine  to  be  to  the  best  interests  and  advantage  of  the  pupils  residing  in  said 
district  and  to  authorize  the  district  board  to  make  all  necessary  contracts  in  behalf  of 
the  district  suspending  the  school  for  payment  of  tuition  of  such  pupils  to  another  school 
or  to  other  schools  conveniently  located.     [1907  c.  496;  1909  c.  502] 

Transportation.  Section  430 — 2.  The  electors  shall  also  have  power  to  order  the 
board  to  provide  for  transportation  of  any  or  all  pupils  residing  in  the  district  to  and 
from  the  school  in  their  district  or  to  and  from  the  school  or  schools  with  which  contracts 
for  tuition  are  made.     [1907  c.  496;  1909  c.  502] 

Tuition;  transportation;  tax.  Section  430 — 3.  In  all  cases  where  the  electors  have 
voted  to  suspend  the  school  in  their  district  or  have  directed  the  board  to  pay  for  tuition 
or  for  transportation  they  shall  provide  by  tax  upon  the  district,  a  sum  sufficient  to 
meet  the  cost  of  the  tuition  or  the  transportation  or  both;  provided  that  if  any  district 
at  its  annual  or  at  a  subsequent  special  meeting  prior  to  the  third  Monday  of  November 
following  shall  not  vote  a  tax  sufficient  to  pay  for  tuition  or  transportation  or  both  for 
the  time  during  which  the  school  is  suspended,  the  district  board,  on  or  before  tbe  Wed- 
nesday next  following  said  third  Monday  of  November,  shall  determine  the  sum  neces- 
sary to  pay  for  tuition  or  transportation  or  both,  as  the  case  may  be,  and  the  district 
clerk  shall  at  once  certify  to  the  town  clerk  the  amount  so  fixed  and  the  town  clerk  shall 
assess  said  amount  as  other  district  taxes  are  assessed.     [1907  c.  496 ;  1909  e.  502] 

Transportation  of  pupils;  tax;  claim  for  state  aid.  Section  430 — 4.  It  shall  also  be 
lawful  for  the  electors  of  any  school  district  to  authorize  the  school  board  or  town  board 
of  school  directors  to  enter  into  an  agreement  with  the  parent,  guardian  or  other  person 
in  charge  of  any  pupil  to  compensate  such  parent,  guardian  or  other  person  for  trans- 
portation, or  providing  for  the  transportation  of  any  pupil  or  pupils  to  and  from  school, 
and  to  enter  into  contracts  for  the  transportation  to  and  from  school  of  all  persons  of 
school  aiie  who  attend,  and  to  levy  a  tax  therefor;  provided,  that  in  all  cases  where  the 
distance  from  the  home  of  the  pupil  or  pupils,  who  are  to  be  transported,  is  two  miles 
or  less  by  the  nearest  traveled  highway,  the  sum  per  pupil  so  paid  shall  be  such  as  may 
be  authorized  by  the  electors,  and  in  all  oases  where  the  distance  is  more  than  two  miles 
the  state  may  "be  called  upon  to  pay  five  cents  per  day  for  each  such  pupil  transported 

250 


Chap.  27  s.  430— 5 J  [The  Common  Schools. 

regularly  to  and  from  school  in  some  reasonable  and  comfortable  manner  for  a  period 
of  not  less  than  five  months.  The  school  board  or  the  town  board  of  school  directors 
and  the  principal  teacher  of  the  school  in  which  such  pupil  is  enrolled  shall,  on  or 
before  the  fifteenth  day  of  July  of  each  year,  make  under  oath  a  report  giving  the  name 
of  each  pupil  transported  more  than  two  miles,  the  number  of  days  such  pupil  was 
transported,  the  mode  of  transportation  and  the  total  amount  claimed  by  the  district 
on  account  of  all  pupils  residing  more  than  two  miles  from  school,  for  whom  trans- 
portation or  transportation  and  tuition  have  been  paid.  [1907  c.  496;  1909  c.  502; 
1911  c.  -618] 

State  aid.  Section  430 — 5.  Upon  receipt  of  such  report  the  state  superintendent 
shall  certify  to  the  secretary  of  state  the  amount  due  such  district  and  the  secretary  of 
state  shall  thereupon  issue  a  warrant  in  favor  of  such  district  for  such  amount  which 
shall  be  paid  by  the  state  treasurer  to  the  treasurer  of  the  district  from  the  school  funds 
provided  for  by  section  1072a  of  the  statutes.     [1907  c.  496;  1909  c.  502] 

Notice  of  meeting;  contents;  posting.  Section  430 — 6.  It  shall  be  the  duty  of  the 
clerk  of  the  school  district  board  to  embody  in  the  notice  of  every  annual  or  special 
school  district  meeting  at  which  any  or  all  of  the  above  matters  are  to  be  considered,  a 
statement  to  that  effect  and  said  notices  shall  be  posted  or  posted  and  served,  as  provided 
for  in  sections  425,  42G  and  427  of  the  statutes  of  1898.     [1907  c.  496;  1909  c.  502] 

Contract  limit.  Section  430 — 7.  No  contract  or  agreement  shall  be  made  under  this 
act  that  shall  bind  any  district  for  more  than  three  years.     [1907  c.  496;  1909  c.  502] 

Definitions.  Section  430 — 8.  Whenever  the  term  "electors"  or  "board,"  or  "dis- 
trict board"  or  "district"  occurs  in  this  chapter  it  shall  apply  with  equal  force  to  "electors 
of  a  town  or  towns."     \1907  c.  496;  1909  c.  502;  1915  c.  620] 

Limitation  of  taxes.  Section  430a.  The  total  amount  of  school  district  tax  here- 
after levied  in  any  school  district  in  this  state  in  any  one  year  for  building,  hiring  or 
purchasing  any  school  building,  and  for  the  maintenance  of  schools,  including  teachers' 
wages  and  incidental  expenses,  shall  not  exceed  two  per  cent  of  the  total  assessed  valua- 
tion of  taxable  property  in  such  school  district  for  the  preceding  year.  [1879  c.  118; 
Ann.  Stats.  1889  s.  430a;  1897  c.  354;  Stats.  1898  s.  430a;  1903  c.  ~439  s.  3;  Supl.  1906 
s.  430a;  1907  c.  118] 

Section  430a — 1.      [Eenumbered  section  431a  by  1913  c.  773  s.  20] 

FURTHER  POWERS  OF  MEETINGS. 

Vote  on  free  textbooks.  Section  430&.  At  the  annual  meeting  the  question  of  pro- 
viding free  textbooks  for  the  use  of  all  pupils  attending  the  schools  in  the  district  and 
levying  a  tax  sufficient  to  meet  the  expense  of  furnishing  free  textbooks  for  the  use  of 
such  pupils  shall  be  submitted  to  the  legal  voters  present  at  such  meeting  and  a  vote 
taken  thereon.  The  chairman  shall  direct  the  vote  to  be  taken  before  entertaining  a 
motion  to  adjourn  sine  die,  and  upon  demand  of  any  five  legal  voters  present  the  vote 
shall  be  taken  by  ballot  if  a  written  resolution  upon  the  question  be  submitted,  and  the 
ballot  of  those  favoring  the  resolution  submitted  shall  have  thereon  the  word  "yes," 
and  of  those  opposing  the  word  "no."  [1887  c.  266;  Ann.  Stats.  1889  s.  430b;  1897 
c.  354;  Stats.  1898  s.  430b] 

Vote  as  to  kindergarten.  Section  430c.  In  any  school  district  under  the  supervi- 
sion of  the  county  superintendent  in  which  a  high  school  or  a  graded  school  having 
more  than  two  departments  is  maintained,  the  question  of  establishing  and  maintaining 
by  the  levy  of  a  tax  therefor  as  many  kindergartens  as  will  be  required  to  accommodate 
the  children  of  such  district  between  the  ages  of  four  and  six  years,  allowing  forty  pupils 
to  each  kindergarten,  may  be  submitted  at  the  annual  meeting  to  the  legal  voters  present 
and  a  vote  taken  thereon  as  in  the  case  of  a  vote  on  free  textbooks.  [1899  e.  298  s.  1; 
Supl.  1906  s.  430c;  1907  c.  118] 

Kindergartens  in  cities.  Section  430d.  The  board  of  education  in  any  city  of  the 
third  or  fourth  class  whether  organized  under  the  general  law  or  special  charter,  at  the 
time  of  certifying  to  the  city  clerk  its  yearly  estimate  of  the  expenses  of  the  public 
schools  under  its  charge,  shall  certify  also  separately  an  estimate  of  the  cost  for  the 
school  year  of  as  many  kindergartens  as  will  in  their  judgment  be  required  for  the  ac- 
commodation of  the  children  of  said  city  between  the  ages  of  four  and  six  years.  The 
council  shall  take  action  thereon.  If  the  whole  or  a  part  of  the  estimate  be  approved, 
the  council  shall  make  an  appropriation  of  the  amount  approved  by  them  for  that 
purpose,  which  shall  be  in  addition  to  the  other  funds  appropriated  for  school  purposes 
and  shall  be  used  only  for  the  support  of  such  kindergartens.  [1S99  c.  298  s.  2;  Supl. 
1906  s.  430d;  1907  c.  118] 

17  257 


Chap.  27  s.  430e]  [The  Common  Schools. 

Auditing  committee.  Section  430e.  It  shall  be  the  duty  of  every  school  district  in 
the  state  of  Wisconsin  at  its  annual  meeting  to  appoint  three  competent  persons  who 
shall  be  voters  in  the  district  to  examine  all  accounts,  books*  vouchers,  moneys  and 
property  of  whatsoever  kind  belonging  to  said  district  between  the  thirtieth  day  of  June 
next  following  their  appointment  and  the  time  of  the  next  annual  school  meeting  of 
said  school  district  and  report  their  findings  in  writing  to  the  electors  at  the  next  annual 
meeting.     [1SD9  c.  162  s.  1,  2;  1905  c.  78  s.  1;  Supl.  1906  s.  430e;  1907  c.  118] 

Additional  room  and  teacher  to  be  provided,  when.  Section  430/.  Whenever  any 
school  district  having  a  schoolhouse  of  one  room  only  shall  enroll  and  have  in  attendance 
therein  for  a  period  of  more  than  twenty  days  during  any  one  school  term  sixty-five 
or  more  pupils,  it  shall  be  the  duty  of  the  electors  of  said  district  at  the  next  annual 
meeting  to  authorize  the  district  board  to  make  provision  for  an  additional  room  and  an 
additional  teacher  for  the  accommodation  and  instruction  of  said  children. 

Failure  to  comply  with  this  section  shall  cause  the  district  to  forfeit  the  right  to 
share  in  the  apportionment  in  that  part  of  the  public  money  which  said  district  would 
otherwise  receive  from  the  seven-tenths  mill  tax  as  provided  by  law.  [1905  e.  256  s.  1,  2; 
Supl.  1906  s.  430f;  1907  c.  118;  1911  c.  292;  1911  c.  664  s.  41] 

Certain  school  districts  containing  cities;  reduction  of  board  membership.  Section' 
430».  The  electors  of  any  school  district  having  adopted  the  provisions  of  chapter  317, 
laws  of  1899,  as  amended  by  chapter  205,  laws  of  1901,  and  chapter  421,  laws  of  1905 
[section  493a],  may  at  any  annual  school  meeting  held  in  such  school  district  vote  to 
rescind  the  action  of  the  electors  of  the  district  in  adopting  the  provisions  of  this  chapter 
[section  490a],  and  to  return  to  the  district  system  of  school  government  as  provided  in 
subsection  3,  section  430;  provided,  that  ten  days'  notice  that  such  a  question  will  be 
submitted  to  the  electors  of  the  city  school  district  at  the  annual  meeting,  be  given  by 
posting  five  copies  thereof  in  five  different  public  places  in  such  city  school  district.  In 
case  the  electors  shall  vote  to  have  a  school  board  of  three  members,  the  director,  clerk 
and  treasurer  then  in  office  in  such  district  shall  continue  in. their  respective  offices  dur- 
ing the  full  term  for  which  they  were  elected,  and  thereafter  their  offices  shall  be  filled  in 
the  manner  prescribed  by  law.     [1907  c.  588] 

DISTRICT   OFFICERS. 

Elections,  terms  and  acceptance.  Section  431.  The  officers  of  the  district  shall  be 
a  director,  treasurer  and  clerk,  who  shall  be  residents  of  the  district  and  hold  their  respec- 
tive offices  for  three  years  and  until  their  successors  have  been  elected  or  appointed, 
but  not  beyond  ten  days  beyond  the  expiration  of  their  term  of  office  without  being  again 
elected  or  appointed;  provided,  that  at  the  first  election  of  such  officers  in  any  newly- 
organized  district  the  clerk  shall  be  chosen  for  one  year,  the  treasurer  for  two  years  and 
the  director  for  three  years;  and  thereafter  each  officer  shall  be  chosen  for  three  years. 
Any  person  present  at  a  meeting  at  Avhich  he  shall  be  elected  one  of  the  board  shall 
be  deemed  to  be  notified  thereof;  and  any  person  so  elected  and  not  present  shall  be 
notified  thereof  by  the  clerk  of  said  meeting  within  five  days  thereafter;  and  unless 
each  person  elected  and  notified  shall  within  ten  days  after  his  election  file  with  the 
clerk  his  refusal  in  writing  to  accept  the  office  he  shall  be  deemed  to  have  accepted  the 
same.  [1854  c.  80  s.  16;  1858  c.  138;  R.  S.  1858  c.  23  s.  16;  1863  c.  155  s.  31;  R.  S. 
1878  s.  431;  Ann.  Stats.  1889  s.  431;  1897  c.  354;  Stats.  1898  s.  431] 

Election  of  officers;  districts  containing  village  or  city  fourth  class;  petition;  notice. 
Section  431a.  1.  Whenever  a  petition  requesting  that  an  election  of  school  district  of- 
ficers shall  be  conducted  after  the  manner  of  voting  for  village  or  city  officers,  signed  by 
not  less  than  twelve  qualified  voters  of  any  school  district  in  which  the  school  officers  are 
elected  by  the  people,  and  which  contains  wholly  or  partly  within  its  limits  an  incorporated 
village,  or  city  of  the  fourth  class,  is  presented  to  the  clerk  of  such  district  he  shall  at  least 
six  days  before  the  time  fixed  by  law  for  the  annual  school  district  meeting,  post  or  cause 
to  be  posted  in  at  least  six  of  the  most  public  places  in  the  district  notices  giving  the  man- 
ner of  holding  and  conducting  such  election. 

Where  held.  2.  The  election  of  school  district  officers  shall  be  held  in  some  con- 
venient room  in  the  district  school  building,  and  if  there  are  two  or  more  school  buildings 
in  such  district,  the  notice  shall  specify  in  which  building  the  election  shall  be  held,  and 
if  the  notice  does  not  so  specify  it  shall  be  understood  that  the  building  in  which  the  last 
annual  school  meeting  was  held  shall  be  the  building  designated. 

Ballot.  3.  The  election  of  officers  shall  be  by  ballot,  and  suitable  ballot  boxes  shall 
be  provided  therefor.  The  polls  shall  be  opened  at  three  o'clock  in  the  afternoon  of  the 
day  fixed  by  law  for  holding  the  annual  school  district  meeting,  and  shall  be  closed  at 
eight  o'clock  of  the  same  day.     The  time  of  opening  and  closing  the  polls,  as  well  as  the 

258 


Chap.  27  s.  432]  [The  Common  Schools. 

place  of  holding  the  election,  shall  be  specified  in  the  notice  of  such  meeting,  but  a  failure 
to  so  specify  the  time  of  opening  and  closing  the  polls  and  designating  the  place  shall  not 
vitiate  such  election. 

Election  officers.  4.  The  mayor  of  the  city  or  the  president  of  the  village  or  board 
of  trustees,  as  the  ease  may  be,  shall  appoint  not  more  than  five  persons  who  shall  act 
as  inspectors  and  clerks  of  this  election  and  who  shall  make  and  keep  a  list  of  all  the 
electors,  men  and  women,  voting  at  such  election. 

Conduct.  5.  Immediately  after  the  polls  are  closed  and  the  ballots  counted,  the 
result  shall  be  declared,  and  all  ballots  as  soon  as  counted,  shall  be  sealed  in  the  ballot 
box  and  be  kept  in  the  custody  of  the  village  clerk  or  the  city  clerk,  as  the  case  may  be, 
for  sixty  days.  As  soon  as  the  result  of  the  election  is  announced,  the  electors  shall  or- 
ganize and  conduct  the  regular  and  usual  business,  other  than  the  election  of  officers,  au- 
thorized to  be  done  at  annual  school  district  meetings. 

Challenge.  6.  The  privilege  of  challenging  any  person  as  to  his  or  her  right  to  vote 
at  such  election  shall  not  be  prohibited  or  restricted. 

Compensation.  7.  The  amount  of  compensation  paid  to  the  inspectors  and  clerks 
of  this  election  shall  be  one  dollar  for  each  such  inspector  and  clerk  engaged  and  acting 
in  conducting  this  election,  said  compensation  to  be  paid  from  any  funds  in  the  treasury 
of  the  school  district  not  otherwise  appropriated.  [1909  c.  351;  Stats.  1911  s.  430a — 1; 
1913  c.  773  s.  20;  1915  c.  181] 

District  board.  Section  432.  The  director,  treasurer  and  clerk  shall  constitute  the 
district  board.  Meetings  of  the  board  may  be  called  by  any  two  members  thereof  by 
serving  on  the  other  member  a  written  notice  of  the  time  and  place  of  such  meeting  at 
least  twenty-four  hours  before  such  meeting  is  to  take  place.  No  act  authorized  to  be 
done  by  the  board  shall  be  valid  unless  voted  at  its  meeting.  No  formal  notice  of  a  meet- 
ing shall  be  required  where  all  members  are  present  and  consent  to  consider  matters 
relating  to  the  district.  [1854  c.  80  s.  35;  R.  S.  1858  e.  23  s.  37;  1863  c.  155  s.  46; 
1868  c.  108  s.  2;  R.  S.  1878  s.  432;  Ann.  Stats.  1889  s.  432;  1897  c.  354;  Stats.  1898 
s.  432] 

Filling  vacancies.  Section  433.  The  board  may  fill  by  appointment  any  vacancy 
that  may  occur  in  their  number  within  ten  days  after  such  vacancy  shall  occur;  and  if 
such  vacancy  shall  be  not  so  filled  the  town  or  village  clerk,  and  in  the  case  of  a  joint 
district  the  clerk  of  the  toAvn  or  village  in  which  the  schoolhouse  is  situated,  shall  fill 
such  vacancy  by  appointment.  Any  person  upon  being  notified  of  his  appointment 
shall  be  deemed  to  have  accepted  the  same  unless  within  five  days  thereafter  he  shall  file 
with  the  clerk  or  director  a  written  refusal  to  serve;  and  any  person  so  appointed  shall 
hold  office  until  the  next  annual  meeting,  at  which  the  electors  shall  fill  such  vacanc}'  for 
the  unexpired  term.  [1854  c.  80  s.  38;  R.  S.  1858  c.  23  s.  40;  1863  c.  155  s.  50;  1866 
c.  Ill  s.  4;  1871  c.  169  s.  3;  R.  S.  1878  s.  433;  Ann.  Stats.  18S9  s.  433;  1897  c.  354; 
Stats.  189S  s.  433] 

Vacancy.  Section  433a.  When  the  clerk,  director  or  treasurer  shall  be  and  remain 
absent  from  the  district  for  which  he  was  elected  for  a  period  exceeding  sixty  days  his 
office  shall  be  deemed  vacant.  [1889  c.  427;  Ann.  Stats.  1889  s.  433a;  1897  c.  354; 
Stats.  1898  s.  433a] 

Purchase,  etc.,  of  schoolhouse.  Section  434.  When  lawfully  directed  by  the  electors 
the  board  shall  purchase  or  lease  the  site  for  a  schoolhouse  designated  by  the  district, 
build,  hire  or  purchase  a  schoolhouse  out  of  the  funds  provided  for  that  purpose,  and 
sell  and  convey  any  site,  schoolhouse  or  other  property  of  the  district.  [1854  c.  80  s.  36; 
R.  S.  1858  e.  23  s.  38;  1863  c.  155  s.  37;  R.  S.  1878  s.  434;  Ann.  Stats.  1889  s.  434; 
1897  c.  354;  Stats.  1898  s.  430  sub.  5,  7;  Stats.  1898  s.  434] 

District  schoelhouses ;  use  for  entertainments.  Section  435.  The  board  shall  have 
the  care  and  keeping  of  the  schoolhouse,  books,  apparatus  and  other  property  of  the 
district,  except  that  especially  confided  by  law  to  the  clerk,  and  before  eacli  annual  meet- 
ing they  shall  make  and  deposit  with,  the  clerk  of  the  district  an  inventory  thereof;  keep 
the  schoolhouse  in  good  condition  and  repair,  and  provide  all  necessary  appendages 
during  the  time  a  school  shall  be  taught  therein.  They  may  grant  the  request  of  any 
responsible  inhabitant  of  the  district  to  occupy  the  schoolhouse  for  such  public  meetings 
as  will,  in  the  judgment  of  the  board,  aid  in  disseminating  intelligence  and  promoting 
good  morals;  any  such  licensee  shall  be  answerable,  and  if  there  be  no  responsible  licensee, 
the  members  of  the  board  shall  be  personally  liable  to  the  district  for  any  injury  done  to 
any  property  and  for  any  expense  incurred  by,  at  or  in  consequence  of  any  such  use  of 
the  schoolhouse.  They  may  grant  the  use  of  the  schoolhouse  for  the  holding  of  lectures, 
entertainments  and  school  exercises,  providing  they  are  held  under  the  auspices  of  the 
school  authorities,  and  are  for  the  benefit  of  the  school,  and  may  permit  the  charging 

259 


/ 


•    /  < 


Chap.  2<  s.  435a]  [The  Common  Schools. 

of  an  admission  fee  thereto.  [1854  c.  80  s.  37;  R.  S.  1353  c.  23  s.  39;  1360  c.  352  s.  2; 
1863  c.  155  s.  48;  1867  c.  Ill  s.  6;  1873  c.  281;  1875  c.  235;  B.  S.  1878  s.  435;  Ann. 
Slats.  18S9  s.  435;  1897  c.  354;  Stats.  1898  s.  435;  1907  c.  27ff\ 

Schools;  separate  water-closets;  tax  levy  for.  Section  435a.  It  shall  be  the  duty  of 
each  school  district  board,  to  provide  at  least  two  suitable  and  convenient  outhouses  or 
water-closets  for  each  of  the  schoolhouses  under  its  control.  Said  outhouses  or  water-closets 
shall  be  entirely  separated  each  from  the  other  and  shall  have  separate  means  of  access. 
The  boys'  outhouse  shall  be  provided  with  suitable  urinals.  Said  outhouses  and  said  water- 
closets  if  detached  from  the  schoolhouse,  shall  be  placed  at  least  thirty  feet  apart  and 
separated  by  a  substantial  close  fence  not  less  than  seven  feet  in  height,  and  where  placed 
on  opposite  sides  of  the  school  grounds  shall  be  suitably  screened  from  view.  The  board 
of  education  shall  have  said  outhouses  and  water-closets  kept  in  a  clean  and  wholesome 
condition.  If  the  electors  of  the  district  or  town  shall  at  the  annual  meeting  fail  to  vote 
a  tax  of  a  sufficient  amount  to  enable  the  board  to  comply  with  the  provisions  of  this  sec- 
tion, it  shall  be  the  duty  of  the  district  board  prior  to  the  third  Monday  of  the  November 
following,  to  determine  the  sum  necessary  to  be  raised  to  carry  out  the  provisions  of  this 
section,  and  the  clerk  or  secretary  shall  forthwith  certify  to  the  town  clerk  the  amount  so 
fixed,  who  shall  assess  this  amount  as  school  district  taxes  are  assessed,  and  such  amount 
shall  be  assessed,  levied  and  collected  at  the  same  time  and  in  the  same  manner  as  other 
taxes  for  school  purposes.     [1907  c.  232;  1915  c.  620] 

Nonpartisan  gatherings  of  citizens.  Section  435a".  1.  Upon  application  of  not  less 
than  one-half  of  the  voters  residing  in  the  district,  the  school  board  or  other  body  having 
charge  of  schoolhouses  or  other  public  buildings  or  grounds,  which  are  capable  of  being 
more  widely  used  as  public  meeting  places  for  nonpartisan  gatherings  of  citizens,  for 
the  presentation  and  discussion  of  public  questions  or  for  other  civic,  social  or  recrea- 
tional activities,  shall  allow  the  use  of  such  buildings  or  grounds  for  the  open  presenta- 
tion and  free  discussion  of  public  questions,  and  may  allow  the  use  of  such  buildings  or 
grounds  for  such  other  civic,  social  and  recreational  activities  as  in  the  opinion  of  the 
controlling  board  do  not  interfere  with  the  prime  purpose  of  the  building  or  grounds. 

2.  Where  the  citizens  of  any  community  are  organized  into  a  nonpartisan,  nonsecta- 
rian,  nonexclusive  association  for  the  presentation  and  discussion  of  public  questions  or  for 
the  promotion  of  public  health  by  giving  instruction  in  any  topic  relating  thereto  or  in 
physical  culture  and  hygiene  or  by  the  practicing  of  physical  exercises  and  the  presenta- 
tion and  discussion  of  topics  relating  thereto,  the  school  board  or  other  body  having  charge 
of  the  schoolhouses  or  other  public  properties  which  are  capable  of  being  used  as  meeting 
places  for  such  organization,  when  not  being  used  for  their  prime  purpose,  shall  provide, 
free  of  charge,  light,  heat  and  janitor  service,  where  necessary,  and  shall  make  such  other 
provisions  as  may  be  necessary  for  the  free  and  convenient  use  of  such  building  or  grounds, 
by  such  organization  for  Aveekly,  biweekly  or  monthly  gatherings  at  such  times  as  the  citi- 
zens' organization  shall  request  or  designate.     All  such  gatherings  shall  be  free  to  the  public. 

3.  The  school  board  or  other  board  having  charge  of  the  schoolhouses  or  other  public 
properties,  may  provide  for  the  free  and  gratuitous  use  of  the  schoolhouses  or  other 
public  properties  under  their  charge  for  such  other  civic,  social  and  recreational  activi- 
ties, as  in  their  opinion  do  not  interfere  with  the  prime  use  of  the  buildings  or  prop- 
erties. 

4.  The  person  or  persons  making  application  for  the  use  of  a  schoolhouse  or  other 
public  property  for  public  meetings,  shall  be  responsible  for  all  damage  to  the  property 
occurring  at  such  meetings,  ordinary  wear  and  tear  excepted,  and  upon  failure  of  the 
responsible  person  or  persons  to  respond  in  damages  for  any  such  injury  to  the  prop- 
erty, the  school  board  or  other  board  in  charge  of  the  schoolhouse  or  other  public 
property,  may  refuse  all  future  applications  for  the  wider  use  of  the  property  until 
such  injury  is  repaired,  without  expense  to  the  board  in  charge  of  the  property.  [1911 
c.  514;  1913  c.  123] 

Use  of  school  buildings  and  grounds  for  auxiliary  educational  and  recreational  activi- 
ties; referendum;  taxation;  appropriation.  Section  435e.  1.  Boards  of  school  direc- 
tors in  cities  of  the  first,  second  or  third  class  are  hereby  authorized  to  establish  and  main- 
tain for  children  and  adult  persons,  in  the  school  buildings  and  on  the  school  grounds, 
under  the  custody  and  management  of  such  boards,  evening  schools,  vacation  schools, 
reading  rooms,  library  stations,  debating  clubs,  gymnasiums,  public  playgrounds,  public 
baths  and  similar  activities,  and  accommodations  to  be  determined  by  such  boards,  with- 
out charge  to  the  residents  of  such  cities;  also  to  co-operate  with  commissioners  or 
boards  having  the  custody  and  management  in  such  cities  of  public  parks,  libraries, 
museums  and  public  buildings  and  grounds  of  whatever  sort,  and  by  making  arrange- 
ments satisfactory  to  such  boards  of  school  directors,  and  such  commissioners  or  boards 

260 


Chap.  27  s.  435o]  [The  Common  Schools. 

controlling  other  public  buildings  and  grounds,  to  provide  the  equipment,  supervision,  in- 
struction and  oversight  necessary  to  carry  on  public  educational  and  recreational  activi- 
ties, as  described  in  this  section,  in  buildings  and  upon  grounds  in  the  custody  and  under 
the  management  of  such  commissioners  or  boards  having  charge  of  public  parks,  libraries, 
museums  or  public  buildings  and  grounds  of  whatever  sort  in  such  cities  of  the  first,  sec- 
ond or  third  class. 

2.  If  any  board  of  school  directors  shall  neglect  or  refuse  to  proceed  as  authorized 
in  this  section,  the  question  of  their  action  as  herein  authorized  shall,  upon  petition  to 
that  effect,  signed  by  not  less  than  ten  per  cent  of  the  number  of  voters  voting  at  the 
last  school  or  other  election  in  such  city,  be  submitted  to  the  electors  of  the  school  district 
at  the  next  election  of  any  sort  held  therein,  and  if  a  majority  of  the  votes  cast  upon 
such  proposition  shall  be  in  favor  thereof,  then  the  board  of  school  directors  shall 
proceed  to  undertake  and  organize  this  work  as  authorized  in  this  section. 

3.  Boards  of  school  directors  in  cities  of  the  first,  second  or  third  class  shall  report 
to  the  common  council  of  such  cities  at  or  before  the  first  meeting  of  such  common 
council  in  September  of  each  year,  the  amount  of  money  required  for  the  next  fiscal 
year  for  the  support  of  the  afore-mentioned  activities  -of  a  similar  nature  which  may 
have  been  previously  determined  upon  by  such  boards  of  school  directors,  and  it  shall 
be  the  duty  of  such  common  council  to  levy  and  collect  a  tax  upon  all  the  property, 
subject  to  taxation  in  said  city,  at  the  same  time  and  in  the  same  manner  as  other  taxes 
are  levied  and  collected  by  law,  which  shall  be  equal  to  the  amount  of  money  so  required 
for  such  purposes  by  the  said  board  of  school  directors  as  provided  in  this  section;  pro- 
vided, that  the  tax  so  levied  upon  each  dollar  of  the  assessed  valuation  of  all  property, 
real  and  personal,  in  said  city,  subject  to  taxation,  shall  not  in  any  one  year  exceed 
two-tenths  mill  for  the  purpose  of  the  activities  hereinbefore  mentioned  in  this  section, 
and  other  similar  activities  which  may  have  been  determined  upon  by  such  board  of 
school  directors  of  each  city.  The  said  tax  shall  not  be  used  or  appropriated,  directly 
or  indirectly,  for  any  other  purpose  than  that  provided  in  this  section. 

4.  All  moneys  received  by  or  raised  in  such  city  for  the  afore-mentioned  purpose 
shall  be  paid  over  to  the  city  treasurer,  to  be  disbursed  by  him  on  orders  of  such  board 
of  school  directors  in  such  city,  countersigned  by  the  comptroller  in  the  same  manner 
that  other  funds  at  the  disposal  of  such  board  of  school  directors  in  such  city  are  dis- 
bursed by  them.  But  the  tax  provided  for  in  this  section  shall  not  be  levied  or  collected, 
nor  shall  the  board  of  school  directors,  as  provided  in  this  section,  have  authority  to 
require  the  levy  and  collection  of  such  tax,  until  after  the  question  of  the  levy  and  col- 
lection of  such  tax  shall  have  been  submitted  to  the  qualified  school  electors,  of  such  city 
at  some  regular  or  special  election,  and  shall  have  been  favorably  voted  upon  by  a  major- 
ity of  those  voting  upon  such  question  at  such  election.  The  question  as  to  the  levy  and 
collection  of  such  special  tax  shall  be  submitted  to  the  voters  in  the  usual  manner  upon 
request  of  the  board  of  school  directors  in  such  city,  or  the  question  of  the  levy  of  such 
tax  shall  be  submitted  upon  a  petition  to  that  effect,  signed  by  not  less  than  ten  per 
cent  of  the  number  of  voters  voting  at  the  last  school  election,  held  previously  in  such 
city. 

5.  After  the  question  of  the  levy  and  collection  of  such  special  tax  has  been  submitted 
to  and  approved  by  the  voters  as  provided  in  this  section,  the  authority  shall  remain, 
and  such  tax  shall  be  levied  and  collected  annually  until  such  time  as  the  voters  of  the 
school  district  of  such  city  shall,  by  majority  vote,  order  the  discontinuance  of  the  levy 
and  collection  of  such  tax.  The  question  of  the  discontinuance  of  the  levy  and  collection 
of  such  tax  shall  be  submitted  to  the  voters  in  the  same  manner  and  under  the  same  condi- 
tions as  the  proposition  to  authorize  the  levy  and  collection  of  the  said  tax. 

6.  The  board  of  school  directors  in  any  city  covered  by  this  section,  is  also  empowered 
to  receive  and  expend  for  the  purposes  of  this  section  any  sums  of  money  appropriated 
and  turned  over  to  them  by  the  common  council  of  such  city  for  such  purposes;  and  the 
common  council  of  such  city  shall  have  authority  to  appropriate  and  turn  over  to  the 
board  of  school  directors  of  the  school  district  of  such  city  any  reasonable  sums  of  money 
which  the  said  common  council  may  desire  to  appropriate  out  of  the  general  fund  of  such 
city  and  turn  over  to  the  said  board  of  school  directors  for  the  purposes  herein  set  forth. 
[1911  c.  509;  1911  c.  664  s.  103;  1915  c.  204] 

Section  435ra.     [Repealed  by  1911  c.  543] 

Nonresident  tuition  fees.  Section  435o.  1.  In  all  cases  where  nonresident  children 
of  school  age  shall  be  enrolled  in  and  regularly  attend  school  in  a  district  maintaining 
a  one  or  two  department  rural  school  or  some  department  in  a  district  maintaining  a 
state  graded  school,  or  the  grades  in  a  district  maintaining  a  free  high  school,  or  a 
school  equivalent  thereto,  the  school  board  or  board  of  education  of  such  district  shall 

2G1     ■ 


Chap.  27  s.  436]  [The  Common  Schools. 

fix  a  fee  for  such  attendance  of  nonresident  pupils,  the  said  fee  in  districts  maintain- 
ing a  rural  school  of  one  or  two  departments  shall  not  in  any  cage  exceed  one  dollar  per 
school  month.  In  districts  maintaining  a  state  graded  school  and  in  districts  maintaining 
a  free  high  school,  or  one  equivalent  thereto,  shall  not  exceed  one  dollar  and  seventy-five 
cents  per  month  for  attendance  of  pupils  at  the  grades  at  the  state  graded  school,  or  the 
grades  below  the  free  high  school.  The  payment  of  such  tuition  shall  entitle  the  persons 
to  all  the  rights  and  privileges  enjoyed  by  resident  pupils  therein. 

2.  It  shall  be  the  duty  of  each  such  school  district  to  admit  such  pupils ;  provided,  the 
facilities  for  seating  and  instruction  will  permit,  and  such  attendance  will  not  cause  an 
enrollment  in  any  one  room  to  exceed  sixty-five  persons. 

3.  In  cases  where  there  are  children  of  school  age  in  a  home  located  more  than  two 
miles  from  the  schoolhouse  in  the  home  district  and  transportation  is  not  provided,  the 
distance  to  be  measured  by  the  nearest  traveled  highway,  and  there  is  another  school  in 
an  adjoining  district  located  at  a  distance  of  one-half  a  mile  or  more  nearer  to  such 
home,  the  children  of  school  age  shall  be  privileged  to  attend  the  nearer  school,  and  in 
such  cases  the  school  board,  or  board  of  education,  of  the  school  district  in  which  such 
families  reside  is  duly  authorized  by  this  section  to  pay,  and  shall  pay,  to  the  treasurer 
of  the  district  in  which  the  nearer  school  is  located,  and  where  such  children  attend 
school  the  sum  per  month  fixed  by  said  school  board  as  tuition  under  the  provisions  of 
this  section,  upon  filing  with  the  clerk  of  the  school  district  where  the  parents  or  guard- 
ians of  such  children  reside  a  statement  on  or  before  the  first  day  of  July  in  each  year, 
setting  forth  the  residence,  name,  age,  date  of  entrance  to  such  school  and  the  number 
of  months'  attendance  during  the  preceding  school  year  of  each  person  so  admitted  from 
such  district ;  this  statement  shall  show  the  rate  per  month  of  tuition  and  the  amount  of 
tuition  due  for  each  pupil. 

4.  In  all  other  cases  it  shall  be  the  duty  of  the  school  board,  or  board  of  education, 
for  persons  living  outside  the  district  desiring  to  attend  school  below  the  ninth  grade  to 
enter  into  an  agreement  in  writing  with  the  parent  or  guardian  of  such  persons  for  the 
payment  of  such  tuition  at  the  rate  fixed  above  previous  to  the  enrollment  of  such  non- 
resident pupils  in  the  school  under  its  jurisdiction.     [1911  c.  543;  1911  c.  664  s.  116] 

District  school  equipment;  expenditure  per  year;  approval.  Section  436.  The  board 
may  purchase  such  books,  blanks  and  stationery  as  are  necessary  for  keeping  a  record 
of  the  proceedings  of  meetings  and  the  accounts  of  the  treasurer  and  for  doing  the 
business  of  the  district  in  an  orderly  manner,  and  such  other  equipment,  including  supple- 
mentary readers,  dictionaries,  library  catalogue  cards  and  card  cases,  maps,  charts,  globes, 
books  and  school  apparatus,  heating  and  ventilating  apparatus,  as  may  be  approved  by 
the  state  superintendent  or  by  the  county  superintendent  for  the  use  of  schools,  not 
exceeding  one  hundred  dollars  in  value  in  any  one  year,  from  any  funds  in  the  district 
treasury  not  otherwise  specifically  appropriated,  and  such  schoolbooks  as  in  their  judg- 
ment may  be  necessary  for  the  use  of  any  children  attending  school  in  their  district  whose 
parents  and  guardians  may  not  be  able  to  furnish  the  same.  All  such  purchases  shall  be 
approved  at  a  regular  meeting  of  the  board  at  which  all  members  are  present.  The 
board  shall  keep  an  accurate  account  of  expenses  incurred  by  them  under  the  provisions 
of  this  section  and  present  an  itemized  statement  of  such  purchases  to  the  annual 
meeting.  [1854  c.  80  s.  39;  R.  S.  1858  c.  23  s.  28,  39,  41;  1863  c.  155  s.  48,  49,  51; 
1873  c.  281;  R.  S.  1878  s.  436;  1885  c.  93;  Ann.  Stats.  1889  s.  436;  1897  c.  354;  Stats. 
1898  s.  436;  1907  c.  39] 

Flags.  Section  436a.  Every  board  of  education  or  district  board  shall  purchase  at 
the  expense  of  the  city,  town,  village,  or  district  to  which  it  belongs  and  display  from  a  flag 
staff  on  each  schoolhouse  or  on  the  grounds  thereof  a  flag  of  the  United  States,  and  shall 
purchase  in  like  manner  whatever  may  be  needed  for  the  display  or  preservation  of  said 
flag.  It  shall  be  the  duty  of  every  board  of  education  or  district  board  and  of  every  prin- 
cipal or  teacher  in  charge  of  each  school  to  cause  such  flag  to  be  properly  displayed  in 
seasonable  weather  during  the  school  hours  of  each  day's  session  of  school  upon  the  flag 
staff  of  said  schoolhouse  or  school  grounds.  [1889  c.  272;  Ann.  Slats.  1889  s.  436a;  1895 
c.  95;  1897  c.  354;  Stats.  1898  s.  436a;  1915  c.  34] 

Deficiency  in  tax.  Section  437.  If  any  district,  at  its  annual  or  at  a  subsequent 
special  meeting  prior  to  the  third  Monday  of  November  following,  shall  not  vote  a  tax 
sufficient  to  maintain  a  school  for  the  term  of  six  months  during  the  ensuing  year,  the 
board,  on  or  before  the  Wednesday  next  following  said  third  Monday  of  November,  shall 
determine  the  sum  necessary  to  be  raised  to  maintain  such  school,  and  the  clerk  shall 
forthwith  certify  to  the  town  clerk  the  amount  so  fixed,  who  shall  assess  the  same  as  other 
district  taxes  are  assessed;  and  all  school  money  received  from  the  school  fund  income 
shall  be  applied  exclusively  to  the  pavment  of  teachers'  wages.     [1863  c.  155  s.  19; 

262 


Chap.  27  s.  438]  [The  Common  Schools. 

1868  e.  162;  1S75  c.  339  s.  1,  2;  R.  S.  1878  s.  437;  1S35  c.  124  s.  2;  Ann.  Stats.  1889 
s.  437;  1897  c.  354;  Stats.  1898  s.  437] 

Contract  with  teacher.  Section  43$.  The  board  shall  contract  with  qualified  teach- 
ers, specify  in  the  contract  the  wages  per  week,  month  or  year  to  be  paid,  and  when 
completed  file  the  contract,  with  a  copy  of  the  certificate  of  the  teacher  so  employed 
attached  thereto,  with  the  clerk.  No  contract  with  any  person  not  holding  a  diploma  or 
certificate  authorizing  him  to  teach  shall  be  valid;  and  all  such  contracts  shall  terminate 
if  the  authority  to  teach  expire  by  limitation  and  be  not  renewed  or  be  revoked.  [1854 
c.  80  s.  27;  B.  S.  1S58  c.  23  s.  27;  1863  c.  155  s.  42,  107;  1866  c.  Ill  s.  3;  1867  e.  Ill 
s.  2;  1871  c.  169  s.  1;  1872  c.  101;  R.  S.  1878  s.  438;  Ann.  Stats.  1839  s.  438;  1897  c.  354; 
Stats.  1898  s.  433] 

Rules;  expulsion  of  pupils.  Section  439.  The  school  board  of  any  school  district 
or  the  board  of  education  of  any  city  may  make  all  rules  needful  for  the  organization, 
graduation  and  government  of  the  school  or  schools  under  their  jurisdiction,  such  rules 
to  take  effect  wheir  a  copy  signed  by  a  majority  of  the  board  is  filed  with  the  clerk; 
may  establish  and  maintain  an  ungraded  department  when  in  the  discretion  of  the 
board  such  department  may  be  deemed  advisable;  may  suspend  any  pupil  from  school 
for  noncompliance  with  the  rules  made  by  themselves  or  by  the  teacher  with  their  con- 
sent ;  may  expel  any  pupil  whenever,  upon  due  examination,  they  find  him  guilty  of 
persistent  refusal  or  neglect  to  obey  the  rules  of  the  school  and  becomes  satisfied  that 
I  he  interests  of  the  school  demand  his  expulsion;  and  may  admit  free  of  tuition  any 
person  between  twenty  and  thirty  years  of  age  residing  in  the  district  to  any  school 
under  their  control,  when  in  their  judgment  it  will  not  interfere  with  the  pupils  of 
school  age.  [1854  c.  80  s.  37;  R.  S.  1858  c.  23  s.  39;  1860  c.  352  s.  2;  1863  c.  155  s.  52; 
1877  c.  184;  R.  S.  1878  s.  439;  Ann.  Stats.  1889  s.  439;  1897  c.  354;  Stats.  1898  s.  439; 
1911  e.  464] 

Compulsory  school  attendance.  Section  439a.  1.  Any  person  having  under  his  con- 
t  rol  any  child  between  the  ages  of  seven  and  fourteen  years,  or  any  child  between  the  ages  of 
fourteen  and  sixteen  years  not  regularly  and  lawfully  employed  in  any  useful  employment 
or  service  at  home  or  elsewhere,  shall  cause  such  child  to  be  enrolled  in  and  to  attend  some 
public,  parochial  or  private  school  regularly  (regular  attendance  for  the  purpose  of  this 
statute  shall  be  an  attendance  of  twenty  days  in  each  school  month,  unless  the  child  can 
furnish  some  legal  excuse),  in  cities  of  the  first  class  during  the  full  period  and  hours  of 
the  calendar  year  (religious  holidays  excepted)  that  the  public,  parochial  or  private  school 
in  which  such  child  is  enrolled  may  be  in  session;  in  all  other  cities  not  less  than  eight 
school  months;  and  in  towns  and  villages  not  less  than  six  school  months  in  each  year,  and 
all  children  subject  to  the  provisions  of  this  act  shall  be  enrolled  in  some  public,  parochial 
or  private  school  within  one  school  month  after  the  commencement  of  the  school  term  in  the 
district  in  which  such  children  reside,  except  that  in  cities  of  the  first  class  such  children 
shall  be  enrolled  at  the  time  of  the  opening  of  the  school  which  they  will  attend  (and  the 
word  "term,"  for  the  purposes  of  this  act,  shall  be  construed  to  mean  the  entire  time  that 
school  is  maintained  during  the  school  year) ;  provided  that  this  section  shall  not  apply 
to  any  child  not  in  proper  physical  or  mental  condition  to  attend  school,  who  shall  present 
the  certificate  of  a  reputable  physician  in  general  practice  to  that  effect,  nor  to  any  child 
who  lives  in  country  districts  more  than  two  miles  by  the  nearest  traveled  road  from  the 
schoolhouse  in  the  district  where  such  child  resides ;  provided  that  if  transportation  is  fur- 
nished by  the  district  this  exemption  as  to  distance  shall  not  apply,  nor  shall  this  section 
apply  to  any  child  who  shall  have  completed  the  course  of  study  for  the  common  schools 
of  this  state  or  the  first  eight  grades  of  work  as  taught  in  state  graded  or  other  graded 
schools  of  Wisconsin,  and  can  furnish  the  proper  diploma,  certificate,  or  credential  show- 
ing that  he  has  completed  one  of  said  courses  of  study,  or  its  equivalent.  Instruction  dur- 
ing the  required  period  elsewhere  than  at  school,  by  a  teacher  or  instructor  selected  by  the 
person  having  control  of  such  child  shall  be  equivalent  to  school  attendance,  provided  that 
such  instruction  received  elsewhere  than  in  school  be  at  least  substantially  equivalent  to  in- 
struction given  to  children  of  bike  ages  in  the  public,  parochial  or  private  school  where 
such  children  reside.  Any  person  who  shall  violate  the  provisions  of  this  section  shall  upon 
conviction  thereof,  be  punished  by  a  fine  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars,  together  with  costs  of  prosecution,  or  by  imprisonment  in  the  county  jail  not  ex- 
ceeding three  months,  or  by  both  such  fine  and  imprisonment  in  the  discretion  of  the  court, 
for  each  offense.  It  shall  be  the  duty  of  the  district  attorney  and  his  assistants  to  prose- 
cute in  the  name  of  the  state  all  violations  of  the  provisions  of  this  section.  Any  person 
who  shall  be  proceeded  against  under  the  provisions  of  this  section  may  prove  in  defense 
that  he  is  unable  to  compel  the  child  under  his  control  to  attend  school  or  to  work,  and  he 
shall  be  thereupon  discharged  from  liability,  and  such  child  shall  be  proceeded  against  as 

263 


^ri 


Chap.  2/  s.  439a — 1]  [The  Common  Schools. 

incorrigible,  or  otherwise,  according  to  law,  and  in  case  of  commitment,  if  the  parents  or 
person  having  control  of  such  child  desire  it,  such  child  shall  be  committed  to  a  school  or 
association  controlled  by  persons  of  the  same  religious  faith  as  such  child,  which  is  willing 
and  able  to  receive  and  maintain  it  without  compensation  from  the  public  treasury.  When 
in  any  proceedings  under  this  section  there  is  any  doubt  as  to  the  age  of  any  child,  a  veri- 
fied baptismal  certificate  or  a  duly  attested  birth  certificate  shall  be  -produced  and  filed  in 
court.  In  case  such  certificates  cannot  be  secured,  upon  proof  of  such  fact,  the  record  of 
age  stated  in  the  first  school  enrollment  of  such  child  or  first  school  enrollment  to  be  found 
shall  be  admissible  as  evidence  thereof. 

2.  Prosecutions  for  violation  of  this  section  may  also  be  brought  in  the  juvenile  court  in 
and  for  the  county  in  which  such  violations  occur,  and  said  court  is  hereby  granted  full  and 
concurrent  jurisdiction  thereof.  [18S9  c.  519;  1891  c.  187;  Stats.  1898  s.  439a;  1901 
c.  251;  1903  c.  189;  Supl.  1906  s.  439a;  1907  c.  118,  446;  1913  c.  773  s.  16;  1915  c.  250] 

Compulsory  vocational  school  attendance.  Section  439a — 1.  Any  person  between 
the  ages  of  fourteen  and  sixteen,  living  within  two  miles  of  the  school  of  any  town,  or 
within  the  corporate  limits  of  any  city  or  village  and  not  physically  incapacitated,  who  is 
not  required  by  section  439a  to  attend  some  public,  private  or  parochial  school,  and  who 
is  not  attending  a  free  high  school  or  equivalent  of  a  high  school,  must  either  attend  some 
public,  private,  or  parochial  school,  or  attend  for  at  least  five  hours  a  week  for  six  months, 
or  four  hours  a  week  for  eight  months,  an  industrial,  continuation,  or  commercial  school, 
provided  such  school,  or  schools,  are  maintained  according  to  the  provisions  of  sec- 
tions 553p— 1  to  553p — 9,  inclusive,  in  the  town,  village  or  city  in  which  his  parents  or 
guardians  reside.  This  section  shall  apply  only  to  persons  between  the  ages  of  fourteen 
and  sixteen  living  in  towns,  villages  and  cities  maintaining  schools  as  provided  in  sec- 
tions 553/7—1  to  553p — 9,  inclusive,  of  the  statutes.     [1915  c.  266] 

Truant  officers;  number  in  cities;  sheriff's  to  be,  where.  Section  4396.  1.  In  all 
cities  of  the  first  class  the  board  of  education  or  any  board  having  similar  powers,  shall 
appoint  ten  or  more  truant  officers;  in  all  cities  of  the  second  and  third  classes,  such  board 
shall  appoint  one  or  more  truant  officers,  and  in  all  cities  of  the  fourth  class  the  chief  of 
police  and  the  police  officers  may  be  truancy  officers,  whose  duties  it  shall  be  to  see  that 
the  provisions  of  this  act  are  enforced. 

2.  When  of  his  personal  knowledge,  or  by  report  or  complaint  from  any  resident  of 
the  city,  or  by  report  or  complaint  as  provided  herein,  a  truant  officer  believes  that  any 
child  is  unlawfully  and  habitually  absent  from  school  and  not  otherwise  receiving  instruc- 
tion as  provided  in  section  439a  as  amended,  he  shall  immediately  investigate  and  render 
all  service  in  his  power,  to  compel  such  child  to  attend  some  public,  parochial  or  private 
school  which  the  person  having  control  of  the  child  shall  designate,  or  if  over  fourteen 
and  under  sixteen  years  of  age,  to  attend  school  or  become  regularly  employed  at  home 
or  elsewhere,  and  upon  failure  he  shall  serve  a  written  notice  as  required  in  section  4  of 
this  act  and  proceed  as  hereinafter  provided  against  the  person  having  charge  of  such 
child.  And  in  all  towns  and  villages  the  sheriff  of  the  county,  his  undersheriff,  and  dep- 
uties shall  be  the  truant  officers,  and  it  shall  be  the  duty  of  all  truant  officers  named  in 
this  section  to  enforce  the  provisions  of  this  act  as  provided  herein.  [1889  c.  519;  1891 
c.  187;  Stats.  1898  s.  439;  1903  c.  189  s.  2;  Supl.  1906  s.  439b;  1907  c.  118,  446;  1913 
c.  230] 

Section  439c.     [Repealed  by  1903  c.  189  s.  3] 

Powers  of  truant  officers.  Section  439ca.  Any  truant  officer  within  this  state  shall 
have  power  to  visit  factories  workshops,  mercantile  establishments  and  other  places  of 
employment  in  their  respective  localties  and  ascertain  whether  any  minors  are  employed 
therein  contrary  to  law.  They  may  require  that  the  age  and  school  certificates  and  lists 
of  minors  who  are  employed  in  such  factories,  workshops,  mercantile  establishments  and 
other  places  of  employment,  shall  be  produced  for  their  inspection,  and  they  shall  report 
all  cases  of  such  illegal  employment  to  the  school  authorities  of  their  respective  cities, 
towns,  villages  or  districts  and  to  the  commissioner  of  labor,  state  factory  inspector  or  any 
assistant  factory  inspector.  Such  truant  officer  shall  receive  no  compensation  from  the 
state  for  performing  such  services.     [1905  c.  216  s.  1;  Supl  1906  s.  439ca;  1907  c.  118] 

Attendance;  aid  by  clerks;  records  and  reports  by  teachers,  public  and  private;  for- 
feit for  failure.  Section  439cb.  It  shall  be  the  duty  of  the  school  clerk  of  every  school 
district,  the  clerks  of  boards  of  education,  or  other  officers  whose  duty  it  is  to  take  the 
school  census  under  the  law,  at  the  time  of  taking  the  school  census  of  their  respective 
districts  or  cities,  to  make  out  three  copies  of  such  census  reports,  on  blanks  to  be  furnished 
by  the  state  superintendent,  and  send  one  of  such  copies  .by  mail,  or  otherwise  to  the 
proper  superintendent  on  or  before  the  fifteenth  day  of  July  of  each  year  and  at  the  time 
of  the  opening  of  school  in  his  district,  he  shall  deliver,  with  the  register,  a  copy  of  such 
census  report  to  the  teacher  employed  in  said  district,  and  if  the  school  consists  of  two  or 

264 


Chap.  27. s.  439cc]  [The  Common  Schools. 

more  departments  the  copy  shall  be  placed  in  the  hands  of  the  principal.  In  case  the  dis- 
trict includes  within  its  boundaries,  territory  lying  in  two  or  more  counties  it  shall  be  the 
duty  of  the  clerk  of  such  district  to  make  out  separate  copies  of  the  census  reports  for 
each  part  of  said  joint  district,  and  forward  the  same  to  the  proper  superintendents;  pro- 
vided that  in  all  cities  having  a  population  of  two  thousand  or  more  the  clerk  of  the  board 
of  education  or  other  officer,  whose  duty  it  is  to  take  the  school  census  shall  not  be  required 
to  furnish  copies  of  the  census  returns  to  the  county  superintendent,  city  superintendent 
or  teachers.  Said  clerks  of  boards  of  education  and  other  officers  who  shall  have  the  care 
and  custody  of  the  school  census  returns,  shall  have  their  offices  open  at  all  reasonable 
hours,  and  allow  and  assist  superintendents,  teachers,  and  truant  officers  to  examine  and 
secure  information  from  the  school  census  reports  on  file  in  their  offices,  that  may,  in  any 
way,  aid  in  the  enforcement  of  the  provisions  of  this  act.  All  teachers  in  public  schools 
except  teachers  in  high  schools,  shall  at  the  request  of  the  proper  superintendent,  while 
school  is  in  session  report  to  him.  Said  report  shall  show  the  name  of  the  school  and  its 
location,  the  name  and  address  of  the  teacher,  the  number  of  months  school  is  maintained 
during  the  year,  the  date  of  opening  and  of  closing  of  the  school,  the  names  and  ages  of 
all  children  enrolled  in  their  respective  schools  between  the  ages  of  seven  and  fourteen  and 
fourteen  and  sixteen,  the  names  and  post-office  addresses  of- the  parents  or  other  persons 
having  control  of  such  children,  the  number  of  the  district  and  the  name  of  the  town,  city, 
village  and  county  in  which  said  children  reside,  the  distance  such  child  or  children  reside 
from  the  schoolhouse  in  the  district  in  which  they  live  by  the  nearest  traveled  road,  the 
number  of  days  each  such  child  was  present  and  the  number  of  days  such  child  was  absent 
during  each  month  and  such  other  reports  requested  by  him,  said  reports  to  be  made  on 
blanks  to  be  furnished  by  the  county,  district  or  state  superintendent.  It  shall  be  the  duty 
of  every  school  clerk,  or  the  clerk  of  the  board  of  education  to  deliver  to  the  teachers  in 
the  public  schools  a  sufficient  number  of  blanks  as  described  above,  to  supply  said  teachers 
for  one  school  year ;  provided  that  when  there  shall  be  enrolled  and  in  attendance  at  paro- 
chial or  private  schools,  children  residing  in  a  county  or  counties  other  than  the  one  in 
which  the  schoolhouse  is  located,  the  teachers  in  such  parochial  or  private  schools  may 
make  the  reports  hereinbefore  described  to  the  county,  district  or  city  superintendent  of 
the  county,  or  the  city  in  which  the  children  between  the  ages  of  seven  and  fourteen  and 
fourteen  and  sixteen  so  attending,  reside;  provided  further  that  in  districts  that  include 
within  their  boundaries  territory  lying  in  two  or  more  counties,  or  districts  joint  with 
cities  having  separate  superintendents,  it  shall  be  the  duty  of  the  public  school  teachers  in 
such  joint  districts  to  make  separate  reports  as  provided  herein  to  the  county,  district  or 
city  superintendent  of  the  county  or  city  in  which  the  children  between  the  ages  of  seven 
and  fourteen  and  fourteen  and  sixteen  so  attending  reside;  and  provided  that  the  teachers 
in  cities  of  two  thousand  population  or  more  shall  not  be  required  to  make  the  report  pro- 
vided herein,  except  when  called  upon  to  do  so  by  the  proper  county  or  city  superintend- 
ent. All  teachers  of  private  and  parochial  schools  shall  keep  a  record  embodying  all  the 
data  enumerated  in  this  section,  and  such  record  shall  be  open  to  the  inspection  of  ,all 
truant  officers  specified  in  this  act,  at  any  and  all  reasonable  times;'  and  provided  that 
when  called  upon  by  any  truant  officer,  or  superintendent,  the  teachers  in  private  or  paro- 
chial schools  may  furnish  in  writing  on  blanks  furnished  by  the  truant  officer  or  superin- 
tendent the  above-mentioned  data  in  regard  to  any  child  or  children  between  the  ages  of 
seven  and  fourteen  and  fourteen  and  sixteen  who  claim,  or  who  are  claimed  to  be  in  at- 
tendance upon  said  school ;  and  every  teacher  in  a  public  school  shall,  and  every  teacher 
in  a  private  or  parochial  school  may  promptly  notify  the  proper  truant  officer  of  any  child 
whose  attendance  is  habitually  irregular ;  provided  such  irregularity  is  not  excused  by  any 
provision  of  this  act.  Any  officer  or  teacher  in  a  public  school  who  shall  fail  or  neglect  to 
make  the  reports  required  by  this  section  as  required,  or  any  teacher  in  a  private  or  paro- 
chial school  who  shall  fail  to  keep  a  record  as  required  in  this  section  shall  be  subject  to  a 
forfeiture  of  not  less  than  five  nor  more  than  twenty-five  dollars  for  each  such  failure  or 
neglect,  said  forfeiture  to  be  sued  for  by  any  voter  of  the  district  where  such  officer  resides, 
or  where  such  teacher  is  employed,  and  recovered  in  the  same  manner  other  forfeitures  are 
sued  for  and  recovered  under  the  Wisconsin  statutes ;  one-half  of  the  amount  of  the  for- 
feiture to  be  paid  to  the  voter  bringing  the  action  and  the  other  half  to  be  paid  into  the 
school  district  treasury  of  the  district  where  such  offender  resides.  [1907  c.  446;  1915 
c.  620] 

Reports  to  truancy  officers;  notice  to  parents;  prosecution.  Section  439cc.  1.  It 
shall  be  the  duty  of  the  count}7,  district  and  city  superintendents,  upon  receiving  the  re- 
ports and  information  as  provided  in  the  preceding  sections,  to  compare  carefully  the 
reports  of  attendance  and  enrollment,  with  the  reports  of  the  last  school  census  on  file  in 
his  office,  and  ascertain  therefrom  the  names  of  all  children  who  are  not  complying  with 
the  provisions  of  sections  439a  to  439cd,  inclusive,  and  it  shall  be  the  duty  of  such  super- 

265 


Chap.  27  s.  439ca]  [The  Common  Schools. 

intendents  to  report  the  names  of  such  children,  together  with  the  names  and  addresses 
of  the  parents  or  those  having  control  of  such  children  to  the  commissioner  of  labor  and 
industrial  statistics  at  Madison,  upon  blanks  furnished  for»that  purpose,  and  to  the 
proper  truant  officer  of  the  county,  district  or  city.  The  truant  officer  shall  immediately 
upon  receipt  of  such  report,  or  when  he  obtains  information  of  delinquencies,  notify  by 
registered  mail,  or  by  the  service  of  notice  in  the  same  manner  as  provided  for  the  service 
of  summons  in  a  civil  case  in  a  justice  court,  the  parent  or  the  person  having  control  of 
such  child  or  children,  to  cause  such  child  or  children  to  be  sent  to  some  public,  parochial 
or  private  school  within  five  days  from  the  date  notice  is  deposited,  properly  addressed 
in  the  post  office,  if  notice  is  served  by  registered  mail,  or  five  days  from  the  date  of  the 
personal  service  of  said  notice. 

2.  The  notice  shall  inform  the  parent  or  other  person  in  parental  relation  that  the  law 
requires  that  all  children  between  the  ages  of  seven  and  fourteen,  and  between  the  ages  of 
fourteen  and  sixteen,  if  not  regularly  employed  as  provided  by  sections  1728a  to  1728j, 
inclusive,  are  to  be  in  regular  attendance  at  some  school  as  provided  in  section  439a.  It 
shall  be  the  duty  of  all  truant  officers,  after  having  given  the  notice  hereinbefore  described, 
to  determine  whether  the  parent  or  other  person  in  parental  relation  has  complied  with 
the  notice,  and  in  case  of  failure  to  so  comply,  lie  shall  immediately  notify  the  commis- 
sioner of  labor  and  industrial  statistics  of  such  failure,  and  within  three  days  after  having 
knowledge  of  or  having  been  notified  thereof,  make  complaint  against  said  parent  or  per- 
son in  parental  relation  having  the  legal  charge  and  control  of  such  child  or  children, 
before  any  justice  of  the  peace  in  the  county,  where  such  party  resides. 

3.  Provided,  that  in  counties  where  the  criminal  jurisdiction  of  the  justice  of  the  peace 
has  been  abolished,  the  court  or  courts  now  having  such  powers,  shall  have  jurisdiction  in 
cases  brought  under  the  provisions  of  sections  439a  to  439ca",  inclusive ;  for  such  refusal 
or  neglect  to  send  such  child  or  children  to  some  school  as  provided  in  sections  439a  to 
439crt",  inclusive;  and  said  justice  of  the  peace  or  other  court  shall  issue  a  warrant  on  said 
complaint  and  shall  proceed  to  hear  and  determine  the  same,  in  the  same  manner  as  pro- 
vided by  statute  for  other  criminal  cases  under  his  jurisdiction.  All  truant  officers  or 
other  officers  having  the  power  of  truant  officers  shall  have  the  power  to  apprehend  with- 
out warrant,  any  child  or  children  found  violating  the  provisions  of  sections  439a  to 
439ctf\  inclusive,  and  cause  such  child  or  children  to  be  placed  in  some  public,  parochial 
or  private  school.  It  shall  be  the  duty  of  all  school  officers,  superintendents,  teachers  or 
other  persons  to  render  such  assistance  and  furnish  such  information  as  they  may  have  at 
their  command,  to  aid  truant  officers  in  the  performance  of  their  duties.  [1907  c.  446; 
1911  c.  421;  1911  c.  664  s.  69] 

Truant  officers'  compensation.  Section  439co\  1.  Truant  officers  in  cities  of  the 
first,  second  and  third  classes  shall  receive  such  compensation  as  shall  be  fixed  by  the  boards 
of  education  of  such  cities  or  boards  having  similar  powers. 

2.  The  chief  of  police  and  the  police  officers  of  cities  of  the  fourth  class  may  perform 
the  duties  of  truant  officers  in  addition  to  the  other  duties  devolving  upon  them,  and  shall 
receive  no  extra  or  additional  compensation  therefor. 

3.  When  the  sheriff,  undersheriff,  and  his  deputies  are  acting  as  truant  officers  as  pro- 
vided herein,  they  shall  be  paid  the  same  fees  as  provided  for  such  officers  in  criminal  ac- 
tions brought  under  the  laws  of  this  state,  and  in  counties  where  the  sheriff  and  deputies  are 
paid  an  annual  salary  they  shall  receive  their  actual  and  necessary  expenses  incurred  in"  the 
performance  of  their  duties  as  truant  officers,  but  no  extra  compensation  shall  be  allowed. 
[1907  c.  446;  1913  c.  230,  650] 

Truancy  reports  to  industrial  commission.  Section  439ce.  Each  county  and  city 
superintendent  of  schools  shall  report  to  the  industrial  commission  and  to  the  proper  truant 
officer  within  ten  days  after  the  close  of  each  month,  commencing  with  the  month  of  October 
and  concluding  with  the  month  of  May  in  each  year,  the  name  of  each  child  residing  in  the 
county,  district,  or  city  under  his  supervision  who  during  said  month  has  not  complied 
with  the  provisions  of  section  439a  of  the  statutes,  and  the  name  and  post-office  address 
of  the  parent  or  guardian  of  such  child.  If  any  county  or  city  superintendent  has  no 
names  of  delinquent  children  to  report  for  any  month  as  provided  in  this  section,  it  shall 
be  the  duty  of  such  superintendent  promptly  to  notify  the  industrial  commission  of  that 
fact.  It  shall  be  the  duty  of  each  county  and  city  superintendent  of  schools  to  require 
suitable  monthly  reports  from  the  teachers  under  his  jurisdiction  in  order  to  assist  such 
superintendent  in  preparing  the  aforesaid  reports.  Immediately  upon  serving  the  notice 
as  provided  in  sections  4396  and  439cc  of  the  statutes  upon  the  parent  or  guardian  of  any 
child,  it  shall  be  the  duty  of  the  truant  officer  to  notify  the  teacher  of  such  child  of  such 
service.  The  return  of  the  child  to  school  shall  be  promptly  reported  by  the  teacher  to  the 
truant  officer  and  superintendent.     It  shall  be  the  duty  of  each  truant  officer  to  make  a 

26G 


Chap.  27  s.  439,;/]  [The  Common  Schools. 

report  each  month  to  the  industrial  commission,  showing  the  action  taken  by  him  in  the 
cases  of  delinquency  reported  to  him  by  the  superintendent.  Blanks  for  reports  by  super- 
intendents to  the  industrial  commission  and  to  the  truant  officer  shall  be  furnished  by  the 
industrial  commission.     [1911  c.  542;  1913  c.  650] 

Penalty.  Section  439c/.  Any  superintendent  of  schools  or  any  truant  officer  who 
violates  or  fails  to  comply  with  any  of  the  provisions  of  sections  439b,  439cfr,  439cc,  and 
439ce  of  the  statutes  shall  be  subject  to  a  forfeiture  of  not  less  than  five  nor  more  than 
twenty-five  dollars  for  each  such  offense,  which  on  complaint  of  the  industrial  commission 
may  be  recovered  against  such  superintendent  or  truant  officer  in  an  action  in  debt  brought 
by  the  attorney-general  before  any  court  of  competent  jurisdiction.     [1913  c.  650] 

Use  of  forfeiture.  Section  439d.  The  forfeiture  herein  provided  for,  when  col- 
lected, shall  be  paid  over  to  the  proper  treasurer,  to  be  accounted  for  by  him  as  money 
raised  for  school  purposes  in  the  city,  town,  village  or  district  in  which  the  person  suffer- 
ing the  forfeiture  resided  at  the  time  thereof.  [18S9  c.  519;  1891  c.  187;  Stats.  1898 
s.  439d] 

Census  officer's  duty.  Section  439e.  It  shall  be  the  duty  of  all  officers  empowered 
to  take  the  school  census  to  ascertain  the  number  of  children  between  the  ages  of  seven 
and  thirteen  years  in  their  respective  districts,  the  number-of  children  between  such  ages 
who  did  not  attend  school,  and,  as  far  as  possible,  the  cause  of  such  failure  to  attend 
school.     [1889  c.  519;  1891  c.  187;  Stats.  1898  s.  439e] 

Attendance  at  school  on  reservation  compulsory.  Section  439/.  Whenever  the  gov- 
ernment of  the  United  States  shall  organize  or  cause  to  be  organized  and  maintained  on 
any  reservation  for  school  purposes  within  this  state,  special  schools  for  general  educa- 
tional purposes  and  the  expense  of  tuition,  lodging,  food  and  clothing  of  the  pupils  en- 
rolled therein  is  borne  wholly  or  in  part  by  the  United  States  or  the  state  of  Wisconsin, 
it  shall  be  compulsory  on  the  part  of  every  parent  or  guardian  within  the  state  having 
control  of  a  child  or  children  between  the  ages  of  five  and  eighteen  years,  eligible  to  attend 
such  school,  to  cause  sueh  child  or  children  to  attend  such  school  for  a  period  of  at  least 
nine  months  in  each  year,  or  during  the  annual  term ;  provided,  that  any  child  may  be  ex- 
cused from  attendance  thereat  by  the  principal  or  superintendent  of  the  school  upon  its 
being  shown  to  his  satisfaction  that  the  physical  or  mental  condition  of  such  child  renders 
application  to  study  or  attendance  at  school  inadvisable  for  the  period  required,  or  that 
the  child  is  taught  in  some  private  or  other  public  school  or  at  home  in  the  branches 
usually  taught  in  the  public  schools  of  the  state,  or  is  actually  and  necessarily  compelled 
to  labor  for  the  support  of  the  parent  or  guardian,  or  that  the  residence  of  the  parent  or 
guardian  of  such  child  is  more  than  ten  miles  distant  from  said  school  and  that  free  trans- 
portation of  said  child  is  not  provided  for  by  the  United  States  or  the  state  of  Wisconsin ; 
the  facts  in  each  and  every  ease  named  above  to  be  determined  upon  investigation  by  the 
principal  or  superintendent  of  said  school.  [1905  c.  330  s.  1;  Supl.  1906  s.  439 f;  1907 
c.  118] 

Refusal  or  neglect  of  guardian  to  cause  attendance  of  child.  Section  439^.  In  all 
cases  of  refusal  or  neglect  on  the  part  of  the  parent  or  guardian  and  before  attempting 
to  enforce  the  provisions  of  this  act,  it  shall  be  the  duty  of  the  principal  or  superintendent 
of  the  school  within  said  territory  to  serve  or  cause  to  be  served  upon  the  parent  or  guard- 
ian a  demand  for  the  attendance  of  such  child  who  has  not  been  excused  therefrom. 
Such  notice  shall  be  in  writing  and  give  the  name  of  each  child  and  designate  the  school 
upon  which  attendance  is  required.  If  the  parent  or  guardian  claims  that  the  child 
should  be  excused  for  one  or  more  of  the  reasons  given  in  section  1  of  this  act,  it 
shall  be  the  duty  of  the  principal  or  superintendent  of  such  school  to  make  immediate 
investigation  of  the  matter  and  to  place  his  findings  in  the  case  in  writing.  If  after  such 
investigation  the  child  is  found  eligible  to  attend  such  school  and  the  parent  or  guardian 
shall  fail  or  refuse  to  comply  therewith  within  ten  days  after  service  of  a  written  notice 
to  such  effect,  then  and  in  such  case  the  principal  or  superintendent  of  said  school  shall 
make  complaint  against  such  parent  or  guardian  as  required  by  law.  [1905  c.  330  s.  2; 
Supl.  1906  s.  439g;  1907  c.  118] 

Penalty.  Section  4397*.  Any  parent  or  guardian  failing  to  comply  with  the  provi- 
sions of  this  act  shall  be  guilty  of  a  misdemeanor  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  five  dollars  nor  more  than  twenty-five  dollars  or  by  im- 
prisonment in  the  county  jail  not  less  than  five  days  or  more  than  thirty  days,  and  in 
case  of  conviction  for  a  second  or  any  subsequent  offense  shall  be  punished  by  both  such 
fine  and  imprisonment.     [1905  c.  330  s.  3;  Supl.  1906  s.  439h;  1907  c.  118] 

Duty  of  district  attorney,  sheriff,  etc.  Section  439i.  It  shall  be  the  duty  of  the  dis- 
trict attorney  of  the  county  in  which  such  offense  is  committed  to  prosecute  all  actions 
arising  under  the  provisions  of  this  act  when  such  complaint  is  made  by  the  superin- 

267 


Chap.  27  s.  440]  [The  Common  Schools. 

tendent  or  principal  of  the  school.  It  is  likewise  made  the  duty  of  sheriffs,  constables 
and  peace  officers  in  the  state  to  take  cognizance  of  this  act  and  assist  principals  and 
superintendents  of  schools  in  carrying  out  its  provisions.  [190$  c.  330  s.  4  ;  Supl.  1906 
s.  439i;  1907  c.  118] 

Choice  and  change  of  textbooks.  Section  440.  The  board  shall  determine  what 
textbooks  shall  be  used  in  the  school,  make  a  list  of  such  books,  file  a  copy  thereof  with 
the  clerk  and  keep  a  copy  of  such  list  posted  in  the  schoolhouse.  When  textbooks  shall 
have  been  so  adopted  they  shall  not  be  changed  for  the  period  of  three  years.  [1854 
c.  80  s.  40;  R.  S.  1858  c.  23  s.  42;  1863  c.  155  s.  53;  1866  c.  Ill  s.  5;  1867  c.  Ill  s.  7; 
1868  c.  156  s.  1;  R.  S.  1878  s.  440;  1883  c.  251  s.  1;  Ann.  Stats.  1889  s.  440;  1891  c.  308 
s.  1;  1897  e.  354;  Stats.  1898  s.  440;  1905  c.  443  s.  1;  Supl.  1906  s.  440;  1907  c.  US] 

Same  in  cities.  Section  440a.  The  board  of  education  in  any  city  shall  determine 
what  textbooks  shall  be  used  in  its  schools,  make  a  list  of  such  books  file  a  copy  with 
their  clerk  or  secretary  and  keep  a  copy  posted  in  each  school  building.  When  textbooks 
shall  have  been  so  adopted,  except  in  a  city  which  furnishes  free  textbooks  to  the  pupils 
in  its  public  schools,  they  shall  not  be  changed  for  three  years.  In  any  city  where  the 
district  system  is  not  in  force  the  board  of  education  may,  under  the  limitations  of  this 
section,  order  changes  in  textbooks  as  aforesaid.  Such  changes,  except  as  to  free  text- 
books as  aforesaid,  shall  be  approved  by  the  city  council;  and  the  board  of  education  may 
purchase  textbooks  for  use  in  its  schools,  and  loan  or  furnish  them  to  pupils  under  such 
conditions  or  regulations  as  they  may  prescribe.  But  no  textbooks  which  would  have  a 
tendency  to  inculcate  sectarian  ideas  shall  be  used  in  any  public  school.  [1875  c.  315; 
R.  S.  1878  s.  514;  1883  c.  251  s.  3;  Ann.  Stats.  1889  s.  514;  1891  c.  308  s.  2;  1897  c.  354; 
Stats.  1898  s.  440a] 

Penalty.  Section  440&.  Every  member  of  the  district  board  or  of  a  board  of  educa- 
tion, when  a  list  of  textbooks  has  been  adopted  according  to  law,  who  shall,  within  three 
years  from  the  date  of  such  adoption,  order  a  change  of  textbooks  in  his  district  or  city 
shall  forfeit  the  sum  of  fifty  dollars.  [1863  c.  155  s.  53;  R.  S.  1878  s.  503;  1883  c.  251 
s.  2;  Ann.  Stats.  1889  s.  503;  1897  c.  354;  Stats.  1898  s.  440b] 

Board  to  visit  school.  Section  441.  The  board  shall  visit  the  school,  examine  into 
its  condition,  advise  with  the  teacher  in  regard  to  the  instruction,  government  and  progress 
of  the  pupils,  and  exercise  such  general  supervision  as  may  be  necessary  to  carry  out  the 
provisions  of  this  chapter.  [R.  S.  1858  c.  23  s.  61;  1863  c.  155  s.  54;  R.  S.  1878  s.  441; 
Ann.  Stats.  1889  s.  441;  1897  c.  354;  Stats.  1898  s.  441] 

Insurance.  Section  441a.  Any  district  board  or  board  of  education  may  insure  the 
school  property,  and,  if  necessary,  execute  a  note  for  the  premiums.  [1SS7  c.  414;  Ann. 
Stats.  1889  s.  441a;  1897  c.  354;  Stats.  1898  s.  441a] 

director. 

His  duties.     Section  442.     It  shall  be  the  duty  of  the  director  of  each  district : 

(1)  To  countersign  all  orders  legally  drawn  by  the  clerk  upon  the  treasurer  of  the  dis- 
trict. 

(2)  To  appear  for  and  on  behalf  of  the  district  in  all  actions  brought  by  and  against 
it,  when  no  other  direction  shall  have  been  lawfully  given  at  a  district  meeting. 

(3)  To  cause  an  action  to  be  prosecuted  in  the  name  of  the  district  on  the  treasurer's 
bond  in  case  of  any  breach  of  any  condition  thereof,  and  to  apply  all  money  when  col- 
lected to  the  use  of  the  district  as  the  same  should  have  been  applied  by  the  treasurer. 
[R.  S.  1858  c.  23  s.  17,  18,  22;  1863  c.  155  s.  32-34;  R.  S.  1878  s.  442;  Ann.  Stats.  1889 
s.  442;  1897  c.  354;  Stats.  1898  s.  442] 

TREASURER. 

Bond.  Section  443.  The  treasurer  shall,  within  ten  days  after  his  election  or  ap- 
pointment, execute  to  the  district  and  file  with  the  clerk  a  bond,  in  double  the  amount,  as 
nearly  as  can  be  ascertained,  of  all  the  money  of  the  district  to  come  into  his  hands,  with 
sufficient  sureties,  conditioned  for  the  faithful  discharge  of  his  duty  and  approved  by  the 
director  and  clerk.  He  shall  hold  office  until  his  successor  be  elected  or  appointed  and 
qualified  as  herein  provided.  Whenever  the  director  and  clerk  shall  deem  the  bond  of  the 
treasurer  insufficient  they  shall  demand  an  additional  bond  in  such  sum  as  they  shall  ^fix, 
conditioned,  approved  and  filed  in  the  manner  aforesaid,  within  ten  days  after  such  de- 
mand. The  neglect  or  refusal  to  file  such  bond  in  either  case  shall  vacate  the  office. 
Neither  the  director,  clerk  nor  teacher  shall  hold  the  office  of  treasurer  in  his  own  district. 
[1863  c.  155  s.  35,  36;  R.  S.  1878  s.  443;  1879  c.  117;  1889  c.  254;  Ann.  Stats.  1889 
s.  443;  1897  c.  354;  Stats.  1898  s.  443] 

268 


Chap.  27  s.  444]  [The  Common  Schools. 

Treasurer's  duties.  Section  444.  The  treasurer  shall  apply  for  and  receive  from 
the  town  treasurer  all  money  apportioned  to  or  collected  for  the  district  and  pay  money 
on  the  order  of  the  clerk  countersigned  by  the  director,  and  not  otherwise.  He  shall  keep 
a  book  in  which  he  shall  enter  all  the  money  received  and  disbursed  by  him,  specifying 
particularly  the  sources  from  which  the  same  has  been  received,  the  persons  to  whom  and 
the  object  for  which  the  same  has  been  paid,  and  shall  afford  the  clerk  access  thereto 
when  desired  to  enable  him  to  make  his  annual  report.  He  shall  present  to  the  annual 
meeting  a  report  in  writing  containing  a  statement  of  all  moneys  received  by  him  during 
the  preceding  year  and  of  each  item  of  disbursement  made  by  him  and  exhibit  the  voucher 
therefor.  At  the  close  of  his  term  of  office  he  shall  settle  with  the  board  and  deliver  to 
his  successor  said  book,  all  vouchers,  orders,  papers  and  money  coming  into  and  remaining 
in  his  hands  as  treasurer.  [1854  c.  80  s.  19,  20;  1858  c.  138;  R.  S.  1858  c.  23  s.  19,  20; 
1863  c.  155  s.  37,  38;  R.  S.  1S78  s.  444;  Ann.  Stats.  1889  s.  444;  1897  c.  354;  Stats.  1898 
s.  444] 

Prosecution  of  town  treasurer.  Section  445.  The  treasurer  shall  prosecute  the 
town  treasurer  of  the  town  in  which  the  district  or  any  part  thereof  is  situated  for  the 
recovery  of  any  money  belonging  to  the  district  which  the  town  treasurer  refuses  or 
neglects  for  the  space  of  ten  days  ffom  the  time  fixed  by  law  therefor  to  pay  over  to  him. 
[1854  c.  80  s.  32,  43;  R.  S.  1858  c.  23  s.  94;  1863  c.  62  s.  10;  1863  c.  155  s.  132;  R.  S. 
1878  s.  445;  Ann.  Stats.  1889  s.  445;  1897  c  354;  Stats.  1898  s.  445] 

CLERK. 

His  duties.     Section  446.    It  shall  be  the  duty  of  the  clerk : 

(1)  To  report  the  name  and  post-office  address  of  each  officer  of  his  district  to  the 
town  clerk  and  to  the  town  treasurer,  or  if  a  joint  district  to  the  clerk  and  treasurer  of 
each  town  in  which  his  district  is  situated,  within  ten  days  after  the  election  or  appoint- 
ment of  such  officer. 

(2)  To  act  as  clerk  and  record  the  proceedings  of  the  district  meetings. 

(3)  To  enter  in  the  record  book  provided  by  the  board  the  minutes  of  its  meetings, 
orders,  resolutions  and  other  proceedings. 

(4)  To  enter  in  said  record  book  copies  of  all  his  reports  to  the  town  clerk  and  the 
certificate  of  the  proceedings  of  a  meeting  returned  by  a  temporary  clerk  as  provided  in 
section  430. 

(5)  To  draw  orders  on  the  treasurer  for  money  apportioned  to  or  raised  by  the  dis- 
trict to  pay,  according  to  the  contract  made  by  the  board,  the  wages  of  any  qualified 
teacher  for  teaching  the  district  school,  and  to  make  any  other  payment  voted  at  a  meet- 
ing pursuant  to  section  430. 

(6)  To  make  a  record  in  some  suitable  book  of  all  orders  drawn  on  the  treasurer. 

(7)  To  furnish  at  the  expense  of  the  district  for  the  use  of  each  teacher  a  school  reg- 
ister in  the  form  prescribed  by  the  state  superintendent,  to  procure  the  same  to  be  re- 
turned to  him  at  the  expiration  of  the  teacher's  employment  and  to  preserve  the  same 
with  the  records  and  papers  of  the  district. 

(8)  To  notify  any  person  of  his  election  or  appointment  to  a  district  office  within  five 
days  thereafter,  to  furnish  any  teacher  a  copy  of  the  contract  made  with  him  by  the  board 
and  to  perform  any  other  duties  imposed  upon  him  by  law.  [R.  S.  1858  c.  23  s.  6,  25, 
32,  33;  1863  c.  62  s.  2,  3;  1863  c.  155  s.  39,  40,  41,  45,  59;  1866  c.  Ill  s.  2;  1867  c.  Ill 
s.  5;  R.  S.  1878  s.  446;  Ann.  Stats.  1889  s.  446;  1897  c.  354;  Stats.  1898  s.  446] 

Orders  in  favor  of  teachers.  Section  446a.  No  order  shall  be  drawn,  countersigned 
or  paid  which  is  in  favor  of  any  person  who  has  taught  school  in  said  district  when  not 
holding  a  certificate  of  qualification  therefor  as  provided  by  law,  nor  for  the  payment  of 
which  the  money  has  not  been  appropriated  according  to  law,  and  no  order  shall  be 
drawn  for  any  money  received  from  the  school  fund  income  for  any  other  purpose  than 
payment  of  teachers'  wages.  [R.  S.  1858  c.  23  s.  6,  25,  32,  33;  1863  c.  62  s.  2,  3;  1863 
c.  155  s.  39,  4.0,  41,  45,  59;  1866  c.  Ill  s.  2;  1867  c.  Ill  s.  5;  R.  S.  1878  s.  446;  Ann.  Stats. 
1889  s.  446;  1897  c.  354;  Stats.  1898  s.  446a] 

WHAT  shall  be  taught. 

Studies;  kindergartens.  Section  447.  Orthography,  orthoepy,  reading,  writing,  Eng- 
lish grammar  and  composition,  geography,  arithmetic,  elements  of  agriculture,  history 
and  civil  government  of  the  United  States  and  of  the  state  of  Wisconsin,  and  such  other 
branches  as  the  board  may  determine,  shall  be  taught  in  every  district  school.  All  in- 
struction shall  be  in  the  English  language,  except  that  the  district  board  or  the  board  of 
education  may,  in  their  discretion,  cause  any  foreign  language  to  be  taught  by  a  com- 

269 


Chap.  27  s.  447a]  [The  Common  Schools. 

petent  teacher  to  such  pupils  as  desire  it,  not  to  exceed  one  hour  each  day.  District 
boards,  town  boards  of  school  directors  and  boards  of  education  may  provide  for  kinder- 
gartens, for  instruction  and  training  of  primary  grades,  in  separate  departments  or  other- 
wise. [1863  c.  155  s.  55;  1S66  c.  Ill  s.  6;  1869  c.  50  s.  1;  1871  'c.  14  s.  1;  It.  S.  1878 
s.  447;  Ann.  Stats.  1889  s.  447;  1897  c.  354;  Stats.  1898  s.  447;  1905  c.  158  s.  1;  Supl. 
1906  s.  447;  1907  c.  118,  200;  1911  c.  409] 

Physiology  and  hygiene.  Section  447a.  Provision  shall  be  made  by  the  proper  local 
school  authorities  for  instructing  all  pupils  in  all  schools  supported  by  public  money  or 
under  state  control,  in  physiology  and  hygiene  with  special  reference  to  the  effects  of 
stimulants  and  narcotics  upon  the  human  system.  The  textbooks  used  in  giving  such  in- 
struction shall  have  the  joint  approval  of  the  state  superintendent  and  the  state  board  of 
health.     [1885  c.  327;  Ann.  Stats.  1889  s.  447a;  1897  c.  354;  Stats.  1898  s.  447a] 

Public  schools;  instruction  in  prevention  of  accidents.  Section  447a.  1.  It  shall 
be  the  duty  of  each  teacher  in  a  public  school  in  the  state  of  Wisconsin  to  devote  not  less 
than  thirty  minutes  in  each  month  during  which  such  school  is  in  session  to  instructing  the 
pupils  thereof  as  to  ways  and  means  of  preventing  accidents. 

2.  The  state  superintendent  of  public  instruction  shall  prepare  and  publish  at  the  ex- 
pense of  the  state  a  book  conveniently  arranged  in  chapters  or  lessons  for  the  purpose  of 
the  instruction  provided  in  this  section  and  shall  furnish  a  copy  thereof  to  each  teacher  re- 
quired to  give  such  instruction. 

3.  The  members  of  the  boards  of  education,  school  directors,  trustees,  or  other  bodies  or 
persons  having  control  of  the  schools  of  a  township,  village  or  city,  shall  cause  a  copy  of 
this  section  to  be  printed  in  the  manual  or  handbook  prepared  for  the  guidance  of  teachers, 
where  such  manual  is  in  use.     [1913  c.  218] 

TEACHERS. 

Certificates.  Section  448.  If  any  person  desires  to  teach  in  any  of  the  common 
schools  he  shall  procure  a  certificate  from  the  proper  examining  officer,  and  no  certificate 
shall  have  force  except  in  the  district  of  the  officer  by  whom  issued.  [1854  c.  80  s.  54; 
R.  S.  1S58  c.  23  s.  56;  1862  c.  176  s.  1,  7;  1863  c.  155  s.  100,  107;  R.  S.  1S78  s.  448;  Ann. 
Stats.  1889  s.  448;  1897  c.  354;  Stats.  189S  s.  448] 

Grades  of ;  who  not  to  have.  Section  449.  There  shall  be  three  grades  of  teachers ' 
certificates,  to  be  known  as  first,  second  and  third.  Each  certificate  shall  show  the 
branches  in  which  the  holder  has  been  examined  and  his  relative  attainments  in  each 
branch.  No  person  known  to  the  examining  officer  to  be  of  immoral  character,  deficient 
in  learning  or  ability  to  teach  or  unable  to  write  and  speak  the  English  language  with  fa- 
cility and  correctness  shall  receive  a  certificate.  [1863  c.  155  s.  101,  102;  1866  c.  Ill  s.  8; 
1868  c  108  s.  4;  1871  c.  101  s.  2;  R.  S.  1878  s.  449;  1887  c.  79;  Ann.  Stats.  1889  s.  449; 
1897  c.  354;  Stats.  1898  s.  449] 

Section  450.     [Repealed  by  1913  c.  129] 

Life  of  certificates;  extension.  Section  450a.  1.  It  shall  not  be  lawful  for  any 
county  superintendent  to  indorse  a  certificate  issued  by  any  other  county  superintendent, 
nor  to  extend  the  life  of  any  certificate  beyond  the  limits  fixed  by  law.  The  papers  writ- 
ten in  any  examination  shall  not  be  used  as  the  basis  for  issuing  a  second  certificate,  which 
shall  have  the  effect  of  extending  the  life  of  the  certificate  first  issued  thereon,  except  as 
hereinafter  provided.  But  in  any  examination  for  a  second  certificate,  when  the  appli- 
cant has  taught  successfully  in  the  superintendent  district  for  one  school  year  on  a  certifi- 
cate previously  issued  by  him,  the  superintendent  may,  in  his  discretion,  accept  standings 
on  papers  written  bjr  the  applicant  in  the  preceding  examination  not  to  exceed  five  in 
number,  in  lieu  of  a  re-examination  in  the  subjects  for  which  standings  are  so  accepted. 

2.  The  superintendent  may  allow  any  person  while  holding  an  unexpired  certificate  of 
the  third  grade,  or  a  county  training  school  certificate  to  write  on  any  two  or  more  of  the 
additional  branches  demanded  for  a  certificate  of  the  second  grade.  If  the  applicant  is 
then  successful  in  securing  the  required  standing  in  any  two  of  said  second  grade  branches, 
(lie  superintendent  shall  issue  to  said  applicant  a  new  third  grade  certificate  based  upon 
tho  previous  examination  or  upon  the  county  training  school  certificate  good  for  one  year, 
and  if  on  or  before  the  expiration  of  such  new  third  grade  certificate,  the  applicant  com- 
pletes the  second  grade  examination,  the  superintendent  may  grant  him  a  certificate  of 
the  second  grade  without  limitation.  If  at  any  time  during  the  life  of  the  second  grade 
certificate,  any  applicant  shall  successfully  write  in  the  additional  branches  demanded  for 
a  first  srrade  certificate,  the  superintendent  may  issue  such  first  grade  certificate  without 
limitation.     [1901  c.  439  s.  2;  Supl.  1906  s.  450a;  1907  c.  118,  445] 

Preservation  of  examination  papers.  Section  4506.  It  shall  be  the  duty  of  every 
countv  superintendent  to  preserve  on  file  in  his  office  during  the  life  of  every  certificate 

270 


Chap.  27  s.  450e]  [The  Common  Schools. 

issued  by  him  or  his  predecessors,  the  examination  papers,  both  questions  and  the  answers 
thereto  examined  by  him  or  his  predecessors,  and  upon  which  the  certificate  was  issued ; 
provided,  that  this  section  shall  not  prevent  the  transfer  of  papers  to  the  state  superin- 
tendent, as  provided  in  section  6  of  this  act.  [1901  c.  439  s.  3;  Supl.  1906  s.  450b;  1907 
c.  118] 

Issue  of  certificate  on  transfer  of  papers.  Section  450c.  If  any  person  holding  a 
certificate  desires  to  teach  in  any  county  or  superintendent  district  other  than  the  one  for 
which  his  certificate  was  issued,  the  county  superintendent  of  that  county  or  district  may 
request  the  county  superintendent  who  issued  the  certificate  to  transfer  to  him  the  papers 
in  his  possession  upon  which  the  certificate  was  issued,  whereupon  it  shall  be  the  duty  of 
the  county  superintendent  so  requested,  to  transfer  the  papers,  if  any.  If  these  papers 
and  standings  are  found  satisfactory  by  the  county  superintendent  to  whom  they  were 
transferred,  he  may  issue  a  certificate  upon  them  of  the  same  grade  as  the  original  cer- 
tificate and  coterminous  with  it,  or  one  of  a  lower  grade  to  be  in  force  a  shorter  time,  and 
he  shall  preserve  the  papers  on  file  in  his  office.  If  the  papers  are  found  unsatisfactory, 
and  the  certificate  is  denied,  he  shall  return  the  papers  to -the  county  superintendent  from 
whom  he  received  them.     [1901  c.  439  s.  4;  Supl.  1906  s.  450c;  1907  c.  118] 

Qualifications  for  teachers'  certificates.  Section  450d.  1.  On  and  after  July  1, 1915, 
no  person  who  shall  not  have  taught  in  a  public  school  for  at  least  one  year,  shall  be 
granted  a  county  or  city  teacher's  certificate  to  teach  in  the  public  schools  of  the  state  of 
Wisconsin,  unless,  in  addition  to  passing  an  examination  in  all  of  the  subjects  required  by 
law  for  a  county  or  city  teacher's  certificate,  he  shall  have  completed  the  course  of  study 
provided  for  the  common  schools  of  the  state  of  Wisconsin,  or  one  equivalent  thereto,  or 
the  course  of  study  provided  for  a  graded  system  of  public  schools  containing  at  least 
eight  grades,  or  one  equivalent  thereto,  and  shall  have  had  at  least  two  additional  years  of 
instruction  in  training,  one  year  of  which,  or  its  equivalent,  shall  have  been  devoted  to 
professional  studies  preparatory  to  the  work  of  teaching;  provided,  that  graduates  of 
four-year  high  schools  not  maintaining  training  courses  as  provided  in  subsection  3  shall 
be  required  to  have  had,  in  addition  to  the  regular  work  of  the  high  school,  only  one  ad- 
ditional year  of  training  in  the  professional  studies  provided  in  subsection  2. 

2.  The  term  "professional  studies,"  as  used  in  this  section,  shall  be  interpreted  to  in- 
clude a  thorough  review  of  the  branches  required  by  law  to  be  taught  in  the  common 
schools  of  the  state  of  Wisconsin,  the  study  of  the  manual  of  the  course  of  study  provided 
for  the  common  schools,  observation  work,  at  least  ten  weeks  of  practice  teaching,  school 
management,  school  law,  and  such  other  studies  as  may  be  required  by  the  state  superin- 
tendent of  public  instruction  to  qualify  a  person  to  teach  in  the  common  schools;  or,  *n 
lieu  of  the  foregoing,  a  high  school  training  course  as  provided  in  section  450 — 1  of  the 
statutes. 

3.  The  two  years  of  additional  instruction  in  training  required  in  subsection  1  may  be 
obtained  at  a  state  normal  school,  a  county  training  school  for  teachers,  or  at  a  free  high 
school  having  a  course  of  study  established  for  the  purpose  of  training  teachers,  as  pro- 
vided in  section  450 — 1  of  the  statutes;  provided,  that  no  course  for  the  training  of  teach- 
ers shall  be  established  in  a  free  high  school  employing  less  than  three  teachers,  including 
the  principal,  and  unless  the  teacher  employed  to  give  instruction  in  professional  work 
and  to  supervise  observation  work  and  practice  teaching  shall  be  a  graduate  of  the  ad- 
vanced course  from  a  Wisconsin  state  normal  school,  or  its  equivalent,  and  who  shall,  in 
addition,  present  evidence  satisfactory  to  the  state  superintendent  of  having  had  at  least 
two  years'  successful  experience  as  a  teacher;  and,  provided  further,  that  no  school  shall 
be  continued  on  the  list  of  schools  offering  courses  for  the  training  of  teachers  unless  the 
work  done  therein  shall  meet  the  approval  of  the  state  superintendent.     [1913  c.  417] 

Third  grade  certificates;  examination  branches;  professional  instruction.  Section 
450 — 1.  1.  Every  applicant  for  a  third  grade  certificate  shall  be  examined  in  orthoepy, 
spelling,  reading,  penmanship,  arithmetic,  elementary  composition  and  grammar,  geog- 
raphy, the  history  of  the  United  States,  the  civil  government  of  the  United  States  and  of 
the  state  of  Wisconsin,  physiology  and  hygiene  with  special  reference  to  the  effects  of 
stimulants  and  narcotics  upon  the  human  system,  school  management,  the  manual  of  the 
elementary  course  of  study  for  the  common  schools  of  Wisconsin,  the  elements  of  agri- 
culture and  rural  economics,  and  after  January  1,  1915,  in  the  cataloging  and  use  of 
school  libraries;  and  in  addition  to  passing  examinations  in  the  aforesaid  branches,  he 
shall  have  attended  a  professional  school  for  teachers  for  at  least  six  weeks  and  shall  have 
received  in  such  school  standings  in  school  management,  and  in  the  methods  of  teaching 
reading  and  language,  arithmetic  and  geography,  provided,  however,  that  the  provisions 
of  this  section  relative  to  attendance  at  professional  schools  for  teachers  shall  not  apply 
to  persons  who  have  taught  successfully  in  the  public  schools  for  at  least  eight  months 
prior  to  July  1,  1910,  nor  to  graduates  from  free  high  school  teachers'  training  courses 

271 


jf 


Chap.  27  s.  450 — 2]  [The  Common  Schools. 

which  had  been  especially  approved  by  the  state  superintendent  prior  to  July  1,  1910, 
nor  to  graduates  from  teachers'  training  courses  equivalent  thereto,  which,  since  July  1, 
1910,  have  been,  or  which  in  the  future  may  be,  adopted  by  any  high  school  board  or 
board  of  education,  and  approved  by  the  state  superintendent. 

Definition.  2.  In  this  act  "professional  school  for  teachers"  shall  mean  a  state 
normal  school,  a  county  training  school  for  teachers,  any  school  in  rank  above  a  high 
school,  offering  a  cour.se  for  teachers  equivalent  to  that  offered  in  the  state  normal  schools 
of  Wisconsin,  in  counties  where  county  training  schools  or  joint  county  training  schools 
have  not  been  established,  a  free  high  school  Avhich  provides  and  maintains  a  teachers' 
training  course  approved  as  to  course  of  study  and  qualifications  of  teachers,  by  the  state 
superintendent,  or  a  teachers'  institute  maintained  under  such  conditions  and  restrictions 
as  may  be  provided  for  by  the  board  of  regents  of  normal  schools,  provided  that  such  in- 
stitute shall  be  taught  by  at  least  two  teachers  and  be  of  not  less  duration  than  six  weeks, 
and  shall  have  in  connection  therewith  a  model  or  practice  school. 

Force;  renewal.  3.  A  third  grade  certificate  shall  entitle  the  holder  to  teach  for 
such  period,  not  more  than  one  year,  as  may  be  specified  therein,  in  the  superintendent's 
district  in  which  the  certificate  is  issued.  A  third  grade  certificate  may  be  renewed  if 
the  holder  shall  during  the  life  of  the  certificate  attend  a  professional  school  for  teachers 
for  a  jDeriod  of  not  less  than  six  weeks  and  shall  receive  in  such  school  credits  in  at  least 
two  subjects  required  for  a  second  grade  certificate.  The  holder  of  a  third  grade  certifi- 
cate may  also  renew  the  same  by  passing  an  examination  in  all  the  subjects  required  for 
a  third  grade  certificate.  [1909  c.  378;  1911  c.  132,  569;  1911  c.  663  s.  20;  1913  c.  144, 
491] 

Second  grade;  examination;  branches;  experience.  Section  450 — 2.  1.  An  appli- 
cant to  receive  a  second  grade  certificate  shall  have  taught  successfully  in  the  public 
schools  for  at  least  eight  months  and  shall  pass  a  satisfactory  examination  in  all  the 
branches  required  for  a  third  grade  certificate,  and  in  addition  in  physical  geography, 
American  literature,  English  composition,  and  in  the  cataloguing  and  use  of  school  libra- 
ries. The  county  or  city  superintendent  may  transfer  the  standings  of  a  third  grade  cer- 
tificate in  force  to  a  second  grade  certificate  if  the  holder  of  such  third  grade  certificate 
lias  taught  a  school  successfully  for  at  least  eight  months  and  has  attended,  since  receiv- 
ing such  third  grade  certificate,  a  professional  school  for  teachers  for  at  least  six  weeks 
and  received  credits  in  at  least  two  subjects  required  for  a  second  grade  certificate. 

Force.  2.  A  second  grade  certificate  shall  entitle  the  holder  to  teach  in  the  superin- 
tendent's district  where  it  is  issued  and  shall  be  in  force  three  years  from  the  date  of  its 
issue. 

Renewal.  3.  A  second  grade  certificate  may  be  reneAved  if  the  holder  thereof  shall 
pass  aft  examination  in  all  the  subjects  required  for  a  second  grade  certificate.  A  second 
grade  certificate  may  also  be  renewed  without  examination  provided  the  holder  thereof  has 
taught  successfully  for  two  years  during  the  life  of  such  certificate  and  has  attended  a 
professional  school  for  teachers  for  at  least  six  weeks  and  received  credits  in  at  least  two 
subjects  required  for  a  first  grade  certificate.     [1909  c.  378;  1911  c.  663  s.  22] 

First  grade;  examination;  branches;  experience.  Section  450 — 3.  1.  An  applicant 
to  receive  a  first  grade  certificate  shall  have  taught  successfully  for  at  least  eight  months 
in  the  public  schools  and  shall  pass  a  satisfactory  examination  in  all  the  branches  re- 
quired for  a  second  grade  certificate,  and  in  addition  in  English  literature,  theory  and  art 
of  teaching,  algebra,  physics  and  English  history.  The  county  or  city  superintendent 
may  transfer  the  standing  of  a  second  grade  certificate  in  force  to  a  first  grade  certificate 
if  the  holder  of  such  second  grade  certificate  has  taught  a  school  successfully  for  at  least 
eight  months  and  has  attended,  since  receiving  such  second  grade  certificate,  a  professional 
school  for  teachers  for  at  least  six  week  and  received  credits  in  at  least  two  subjects  re- 
quired for  a  first  grade  certificate. 

Force.  2.  A  first  grade  certificate  shall  entitle  the  holder  to  teach  in  the  superin- 
tendent's district  in  which  it  is  issued  and  shall  be  in  force  for  five  years. 

Renewal.  3.  A  first  grade  certificate  may  be  renewed  by  the  county  or  city  superin- 
tendent for  one  or  more  periods  of  five  years  eaeh,  provided  the  holder  has  taught  suc- 
cessfully for  a  period  of  ten  years.      [1909  c.  37S;  1911  c.  663  s.  23] 

Special  third  grade  certificates.  Section  450 — 4.  Whenever  the  supply  of  legally 
qualified  teachers  in  any  county  has  been  exhausted  the  county  or  city  superintendent  with 
the  ap]  roval  of  the  state  superintendent  may  issue  special  third  grade  certificates  on 
examination  in  the  subjects  required  for  such  certificates  to  as  many  persons  as  are  neces- 
sary to  supply  the  schools,  provided  that  not  more  than  one  such  certificate  shall  be  issued 
to  the  same  person.     [1909  c.  378] 

Certificates;  issue;  unlawful  renewal  and  transfer.  Section  450 — 5.  1.  No  first, 
second  or  third  grade  teacher's  certificate  shall  be  issued  after  July  1,  1910,  except  as 

272 


Chap.  27  s.  450 — 6]  [The  Common  Schools. 

provided  in  sections  450 — 1  to  450 — 4,  inclusive,  of  this  act,  provided  further  that  noth- 
ing in  this  act  shall  repeal  the  provisions  of  section  450a  of  the  statutes. 

2.  Any  person  so  desiring,  may,  however,  qualify  for  the  several  grades  of  certificates, 
provided  for  in  this  act,  as  therein  required,  at  any  time  after  its  passage  and  publica- 
tion.    [1909  c.  378] 

Equivalent  substitute  for  teacher's  examination.  Section  450 — 6.  In  an  examina- 
tion for  the  issuance  or  for  the  renewal  of  a  county  or  city  teacher's  certificate,  the  county 
or  city  superintendent  may,  at  his  discretion,  accept  as  a  substitute  for  examination  in 'any 
required  subject,  in  which  the  applicant  shall  have  previously  passed  a  satisfactory  ex- 
amination in  writing  for  a  teacher's  certificate,  evidence  of  the  satisfactory  reading  by  the 
applicant  during  the  life  of  the  certificate  then  in  force,  or  which  expired  not  more  than 
two  months  previously,  of  one  book  included  in  the  list  of  books  of  the  Wisconsin  teach- 
ers' reading  circle,  which  list  shall  have  been  approved  by  the  state  superintendent,  and 
which  shall  have  been  prescribed  for  the  group  of  teachers  to  which  the  applicant  belongs. 
Such  reading  shall  have  been  additional  to  that  required  for  registration  of  the  applicant's 
certificate  and  in  the  case  of  each  book  shall  have  been  done  within  the  period  when  it  was 
on  the  said  reading  circle  list.     [1915  c.  220] 

Standard  of  attainment  in  branches  required  for  certificates.  Section  451.  Each 
county  superintendent  shall  establish  for  his  county,  subject  to  the  approval  of  the  state 
superintendent,  the  standard  of  attainment  in  each  branch  of  study  which  must  be  reached 
by  each  applicant  before  receiving  a  certificate.  The  standard  so  established  shall  be 
uniform  in  the  county  or  superintendent  district  and  no  certificates  shall  be  issued  until 
the  standard  is  established.  The  standard  in  the  branches  of  study  common  to  the  third 
grade  and  the  second  grade  certificates  shall  be  higher  for  the  second  than  for  the  third 
grade  certificate,  and  the  standard  in  the  branches  common  to  the  second  grade  and  the 
first  grade  branches  shall  be  higher  for  the  first  grade  than  for  the  second  grade  certificate. 
The  county  superintendent  may  demand  an  examination  in  such  additional  branches  as 
-the  applicant  may  be  required  to  teach,  and  whenever  he  shall  deem  it  necessary  he  may 
require  a  re-examination  of  any  teacher  in  his  county  or  superintendent  district  for  the 
purpose  of  ascertaining  his  qualifications  to  continue  as  such  teacher.  [1862  c.  176 
s.  6,  8;  1863  c.  155  s.  105,  106;  R.  S.  1878  s.  451;  Ann.  Stats.  1SS9  s.  451;  1897  c.  354; 
Stats.  1898  s.  451;  1901  c.  439  s.  5;  Supl.  1906  s.  451;  1907  c.  118] 

Appeal  to  state  superintendent  from  markings  by  county  superintendent.  Section 
452.  Any  applicant  refused  a  certificate  as  teacher  by  the  county  superintendent,  may 
apply  to  the  state  superintendent  for  a  re-examination.  The  superintendent,  upon  de- 
mand, shall  give  any  applicant  refused  a  certificate  a  written  statement  of  the  reasons  of 
such  refusal,  which  shall  be  presented  to  the  state  superintendent  by  the  person  desiring 
re-examination.  If  upon  such  re-examination  the  state  superintendent  shall  be  satisfied 
that  such  applicant  is  legally  qualified,  he  shall  issue  a  certificate  of  the  proper  grade, 
which  shall  entitle  him  to  the  same  privileges  as  if  it  had  been  issued  by  the  county  super- 
intendent. In  the  exercise  of  his  powers  of  general  supervision  of  the  schools,  the  state 
superintendent  is  hereby  authorized  to  call  for  the  examination  papers,  both  questions  and 
answers,  of  any  person  to  whom  a  certificate  has  been  granted,  and  it  is  made  the  duty  of 
all  county  superintendents  to  furnish  such  papers  when  so  called  for.  If,  upon  examina- 
tion of  the  papers,  the  state  superintendent  is  satisfied  that  the  person  to  whom  the  cer- 
tificate has  been  granted  is  not  qualified,  he  may  annul  the  certificate.  [1863  c.  102  s.  1; 
1863  c.  155  s.  110;  R.  S.  1878  s.  452;  Ann.  Stats.  1889  s.  452;  1897  c.  354;  Stats.  1898 
s.  452;  1901  c.  439  s.  6;  Supl.  1906  s.  452;  1907  c.  118] 

High  school  diploma  countersigned  as  certificate.  Section  452a.  The  free  high 
school  board  shall  make  out  and  deliver  to  each  graduate  of  the  high  school  at  the  time 
of  graduation,  a  certificate  of  his  standing  in  the  branches  pursued  by  him  in  such  school ; 
and  if  such  graduate  of  a  high  school,  having  a  four  years'  course,  receive  a  first  grade 
certificate  from  any  county  superintendent,  and  furnish  to  him  or  to  any  other  county 
superintendent,  satisfactory  proof  of  having  taught  successfully  at  least  one  school  year, 
under  such  first  grade  certificate,  such  county  superintendent  may  countersign  his  cer- 
tificate of  graduation  or  diploma  at  any  time  before  the  expiration  of  the  first  grade  cer- 
tificate, and  affix  the  date  of  such  signature  thereto.  The  diploma  so  countersigned  shall 
have  for  the  period  of  five  years  thereafter,  the  force  and  effect  of  a  first  grade  certificate. 
It  shall  be  lawful  for  more  than  one  county  superintendent  to  countersign  the  diploma, 
but  no  countersignature  shall  have  the  effect  of  extending  the  diploma  as  a  first  grade 
certificate,  beyond  the  expiration  of  the  five  years  immediately  following  the  date  of  its 
first  countersignature.  [18S5  c.  311;  Ann.  Stats.  1889  s.  452a;  1897  c.  354;  Stats.  1898 
s.  452a;  1901  c.  439  s.  7;  Supl.  1906  s.  452a;  1907  c.  118;  1911  c.  179] 
18  273 


Chap.  27  s.  452£>]  [The  Common  Schools. 

Superintendent  may  accept  normal  school  standings.  Section  452fr.  Any  school 
superintendent  or  officer  authorized  to  grant  certificates  to  teachers  in  the  common  schools, 
is  hereby  authorized,  in  his  discretion,  to  accept  standings  obtained  by  the  completion  of 
studies  in  any  normal  school  of  the  state,  when  duly  certified  by  the  president  of  said  nor- 
mal school,  in  lieu  of  actual  examination  by  said  superintendent  or  examiner,  at  any  time 
within  three  years  after  such  standings  were  first  obtained  and  recorded  in  said  normal 
school.  The  provisions  of  this  section  shall  apply  to  certificates  of  the  first,  second  or 
third  grades.     [1899  c.  104  s.  1;  Supl.  1906  s.  452b;  1907  c.  118] 

Section  452c.     [Repealed  by  1915  c.  229] 

Charges  against  teachers.  Section  453.  If  any  charges  be  made  in  writing  to  any 
county  superintendent,  over  the  signature  of  a  complainant,  against  any  teacher  in  the 
superintendent's  district,  affecting  his  moral  character,  learning  or  ability  to  teach  the 
superintendent  shall  give  to  the  complainant,  the  teacher  and  the  board  by  whom  he  is 
employed  at  least  ten  days'  notice  in  writing  containing  a  statement  of  the  charges  and 
of  the  time  and  place  when  and  where  he  will  hear  the  same.  He  shall  proceed  accord- 
ing to  the  notice  to  hear  the  proofs  on  either  side  and  give  the  accused  a  reasonable  op- 
portunity to  defend  himself;  he  may  administer  oaths,  and  if  he  find  the  charges  sus- 
tained and  sufficient  annul  his  certificate ;  but  the  teacher  shall  not  be  disqualified  thereby 
until  notice  containing  his  name,  the  date  of  and  reasons  for  such  annulment  be  filed  in 
the  office  of  the  town  clerk  and  a  copy  thereof  delivered  to  the  clerk  of  the  district  in 
which  the  teacher  is  employed.  [1863  c.  155  s.  92,  108,  109;  R.  S.  1878  s.  453;  Ann. 
Slats.  1889  s.  453;  1897  c.  354;  Stats.  1898  s.  453] 

State  certificates;  high  school  principals'  certificates.  Section  454.  The  state  su- 
perintendent shall,  before  the  fourth  Wednesday  of  August  in  each  year,  appoint  three 
competent  persons,  residents  of  this  state,  who  shall  constitute  a  board  of  examiners. 
Said  board  shall  meet  at  the  capitol  once  or  more  each  year,  at  such  times  and  also  at 
such  other  places  as  the  state  superintendent  shall  prescribe,  for  the  examination  of  all 
applicants  for  state  certificates ;  provided,  the  state  superintendent  is  hereby  authorized  to 
examine  principals  of  high  schools  and  of  free  high  schools  who  shall  have  been  elected 
superintendents  of  the  city  schools  containing  such  high  school,  and  to  grant  certificates 
to  successful  candidates,  valid  for  one  year  and  in  a  single  locality.  The  state  superin- 
tendent shall  prescribe  the  manner  of  making  application,  of  conducting  and  managing 
such  examinations,  reporting  the  results  thereof,  and,  with  the  advice  of  the  examiners,  in 
what  branches  of  study,  in  addition  to  those  fixed  by  law,  the  applicant  for  an  unlimited 
state  certificate  shall  be  examined.  [1868  c.  169  s.  1,  2,  5;  R.  S.  1878  s.  454;  Ann.  Stats. 
1889  s.  454;  1891  c.  457;  1897  c.  354;  Stats.  1898  s.  454] 

What  branches;  effect  of  certificate.  Section  455.  To  entitle  an  applicant  to  a  lim- 
ited state  certificate  the  examiners  shall  be  satisfied  and  report  to  the  state  superintendent 
that  he  possesses  the  requisite  scholarship  in  all  the  branches  of  study  required  for  a 
first  grade  county  certificate  and  also  in  mental  philosophy  and  English  literature.  To 
entitle  him  to  an  unlimited  state  certificate  they  shall  be  satisfied  and  report  that  he  pos- 
sesses the  requisite  scholarship  in  all  the  branches  above  named  and  in  such  others  as 
shall  have  been  prescribed.  He  shall  furnish  to  the  examiners  such  evidence  of  good 
moral  character,  experience  and  success  in  teaching  as  they  may  require,  and  upon  their 
recommendation  the  state  superintendent  shall  issue  to  him  such  certificate  as  is  awarded 
by  their  report.  A  limited  state  certificate  shall  qualify  him  to  teach  in  any  public  school 
without  further  examination  for  five  years  from  its  date,  unless  sooner  annulled,  and  an 
unlimited  state  certificate  until  annulled.  [1868  c.  169.  s.  3;  1873  c.  33  s.  1;  R.  S.  1S7S 
s.  455;  Ann.  Stats.  1889  s.  455;  1897  e.  354;  Stats.  1898  s.  455] 

Record  of  examination.  Section  456.  The  state  superintendent  shall  record  the 
date  of  each  certificate  and  the  name,  age  and  residence  of  the  person  to  whom  issued ; 
and  he  shall  preserve  on  file  in  his  office  all  papers  relating  to  the  examination  of  appli- 
cants for  state  certificates.  [1868  c.  169  s.  7;  R.  S.  1S7S  s.  456;  Ann.  Stats.  1S89  s.  456; 
1897  c.  354;  Stats.  1898  s.  456] 

Revocation  of  certificate.  Section  457.  Any  state  certificate  may  be  revoked  by 
the  state  superintendent  for  incompetency  or  immoral  conduct ;  but  before  any  such  revo- 
cation the  holder  shall  be  served  with  a  written  statement  of  the  charges  against  him  and 
shall  have  an  opportunitv  for  defense.  [1868  c.  169  s.  4;  R.  S.  1378  s.  457;  Ann.  Stats. 
1889  s.  457;  1897  c.  351;  Slats.  1898  s.  457] 

Section  458.     [Repealed  by  1913  c.  772  s.  125] 

Teachers'  state  certificates  of  other  states;  acceptance  in  Wisconsin;  special  licenses. 
Section  458a.  The  holder  of  a  teacher's  state  certificate  granted  by  another  state,  which 
is  equivalent  to  the  Wisconsin  unlimited  state  certificate,  may  receive  from  the  state  super- 
intendent, upon  the  recommendation  of  the  Wisconsin  state  board  of  examiners,  a  Wis- 

274 


Chap.  27  s.  4586  j  [The  Common  Schools. 

consin  unlimited  state  certificate.  The  applicant  shall  furnish  such  evidence  of  learning 
and  good  moral  character  as  the  board  may  require,  and  also  of  two  years'  successful 
experience  in  teaching  in  the  public  schools  of  Wisconsin  subsequent  to  the  date  of  issu- 
ance of  the  foreign  state  certificate.  The  holder  of  such  state  certificate  upon  which  a 
Wisconsin  state  certificate  has  not  been  issued  in  accordance  with  the  provisions  herein 
mentioned,  may,  upon  the  recommendation  of  the  state  board  of  examiners,  be  granted  a 
special  license  by  the  state  superintendent,  said  special  license  legally  qualifying  the 
holder  to  teach  for  two  years  in  a  public  school  in  Wisconsin.  [1880  c.  209 ;  Ann.  Stats. 
1889  s.  458a;  1893  c.  156  s.  5;  1895  c.  243  s.  1;  1S97  c.  354  s.  458a  sub.  1;  Stats.  1898 
s.  458a;  1907  c.  579  s.  1,  2] 

Normal  graduates,  kindergarten  course;  teaching  licenses  and  certificates.  Sec- 
tion 4586.  The  state  superintendent  shall  issue  to  the  holder  of  a  diploma,  granted  by 
the  board  of  regents  of  normal  schools  to  any  person  who  completed  the  kindergarten  train- 
ing course  established  by  said  board  in  any  of  the  state  normal  schools,  a  license  entitling 
the  holder  to  teach  in  any  public  kindergarten  in  this  state  for  one  year.  Upon  the  presen- 
tation of  satisfactory  evidence  of  successful  teaching  for  one  year  in  any  public  kindergar- 
ten in  this  state  such  license  may  be  renewed  for  one  year- by  the  state  superintendent. 
The  holder  of  such  a  diploma  may  receive  an  unlimited  state  certificate,  entitling  him  or 
her  to  teach  in  any  public  kindergarten  in  this  state  for  life  unless  sooner  revoked,  upon 
the  furnishing  of  evidence  of  good  moral  character,  and  two  years'  successful  teaching 
after  graduation,  in  a  public  kindergarten  in  the  state  of  Wisconsin,  together  with  the  cer- 
tificate required  in  section  4586—2.     [1907  c.  579;  1913  c.  514] 

Normal  graduates,  manual  training  and  domestic  science ;  teaching  licenses  and  cer- 
tificates. Section  4586 — 1.  The  state  superintendent  shall  issue  to  the  holder  of  a 
diploma  granted  by  the  board  of  regents  of  normal  schools  to  any  person  who  completes 
the  training  course  for  teachers  of  manual  training  or  domestic  science,  established  by  said 
board  in  any  of  the  Wisconsin  state  normal  schools  a  license  entitling  the  holder  to  teach 
manual  training  or  domestic  science  for  one  year  in  any  school  forming  a  part  of  the 
public  school  system.  Upon  the  presentation  of  satisfactory  evidence  of  successful  teach- 
ing for  one  year  of  manual  training  or  domestic  science  in  any  school  forming  a  part  of 
the  public  school  system  such  license  may  be  renewed  for  one  year  by  the  state  superin- 
tendent. The  holder  of  such  diploma  may  receive  an  unlimited  state  certificate  entitling 
him  to  teach  manual  training  or  domestic  science  in  any  public  school  in  this  state  for  life, 
unless  sooner  revoked,  upon  furnishing  evidence  of  good  moral  character,  and  two  years' 
successful  teaching  of  such  branches,  after  graduation,  in  a  public  school  in  the  state  of 
Wisconsin,  together  with  the  certificate  required  in  section  4586 — 2.  [1907  c.  579  s.  2; 
1913  c.  514] 

University  graduates  in  pedagogy;  teaching  license.  Section  4586 — 2.  1.  The 
president  of  the  University  of  Wisconsin  shall  issue  to  all  graduates  of  the  regular  col- 
legiate courses  of  such  university,  a  certified  statement  showing  the  name  of  the  graduate, 
the  date  of  graduation,  the  course  from  which  graduated,  and  that  said  graduate  has  com- 
pleted the  course  of  pedagogical  instruction  prescribed  by  the  university  for  all  persons 
who  intend  to  teach.  This  certificate  when  presented  to  the  state  superintendent,  shall 
entitle  the  holder  thereof  to-receive  a  license  qualifying  the  holder  to  teach  in  any  public 
school  in  the  state  of  Wisconsin  for  one  year  from  the  date  of  issuance.  Upon  presenta- 
tion of  satisfactory  evidence  of  successful  teaching  for  one  year  in  the  public  schools  of 
the  state,  such  license  may  be  renewed  for  one  year  by  the  state  superintendent. 

Normal  graduates;  full  course;  teaching  licenses.  2.  The  president  of  each  state 
normal  school  shall  issue  to  the  graduates  of  the  full  course  of  the  normal  school,  as  well 
as  to  the  persons  completing  the  elementary  course,  a  statement  bearing  even  date  with  the 
diploma  or  certificate,  setting  forth  the  name  of  the  person  and  the  course  from  which 
graduated.  This  certificate  when  presented  to  the  state  superintendent,  shall  entitle  the 
holder  thereof  to  receive  a  license,  qualifying  the  holder  to  teach  in  the  public  schools  of 
Wisconsin  for  one  year  from  date  of  issuance.  Upon  the  presentation  of  satisfactory 
evidence  of  successful  teaching  for  one  year  in  the  public  schools  of  the  state,  such  license 
may  be  renewed  for  one  year  by  the  state  superintendent. 

University  and  normal  graduates ;  state  certificates ;  high  school  principalship.  3.  The 
state  superintendent,  upon  the  presentation  of  a  statement  hereinbefore  mentioned  in 
this  section,  and  satisfactory  evidence  of  good  moral  character,  and  two  years'  successful 
teaching  after  graduation  in  the  public  schools  of  the  state  of  Wisconsin,  shall  issue  cer- 
tificates as  follows:  To  any  person  who  shall  hold  a  university  or  normal  school  diploma, 
an  unlimited  state  certificate;  to  any  person  who  shall  hold  a  normal  school  elemen-tary 
certificate,  a  limited  state  certificate,  qualifying  the  holder  to  teach  in  a  public  school  for 
a  period  not  to  exceed  six  years  from  the  date  of  issuance  of  the  normal  school  certificate. 
Neither  a  limited  state  certificate,  nor  a  license  to  teach  based  upon  the  certificate  from  the 

275 


Chap.  27  s.  458c]  [The  Common  Schools. 

elementary  course  of  a  normal  school,  shall  qualify  the  holder  as  principal  of  a  free  high 
school  having  four  years'  course  of  study.     [1907  c.  579  s.  2;  1013  c.  514] 

Diplomas  of  other  universities,  etc.  Section  458c.  The  holder  of  a  diploma  granted 
by  any  incorporated  college  or  university  whose  regular  collegiate  courses  are  fully  and 
fairly  equivalent  to  corresponding  courses  of  the  University  of  Wisconsin,  or  the  holder 
of  a  diploma  granted  by  a  state  normal  school  whose  courses  of  study  are  fully  and  fairly 
equivalent  to  the  courses  of  study  in  the  Wisconsin  normal  schools,  may  present  such 
diploma,  together  with  evidence  of  the  required  standing  of  the  college,  university  or  nor- 
mal school  granting  the  same,  to  the  board  of  examiners.  The  applicant  shall  furnish 
therewith  testimonials  of  good  moral  character  and  of  two  years'  successful  teaching  in  a 
public  school  after  the  date  of  said  diploma.  The  holder  of  any  such  diploma  recom- 
mended favorably  by  the  board  shall  be  entitled  to  receive  an  unlimited  state  certificate. 
The  holder  of  a  diploma  granted  upon  the  completion  of  a  course  of  study  accredited  as 
herein  provided,  upon  which  a  state  certificate  has  not  been  issued,  upon  the  recommenda- 
tion of  the  board  of  examiners  made  in  pursuance  of  such  examination  as  to  learning, 
moral  character  and  ability  to  teach  as  said  board  may  require,  may  receive  from  the  state 
superintendent  a  license  qualifying  the  holder  to  teach  in  any  public  school  in  the  state  for 
one  year  from  the  date  of  issuance,  upon  the  presentation  of  satisfactory  evidence  of  suc- 
cessful teaching  for  one  year  in  ttle  public  schools  of  the  state.  Such  license  may  be  re- 
newed for  one  year  by  the  state  superintendent.  [18S0  c.  209;  Ann.  Stats.  1889  s.  458a; 
1893  c.  156;  1895  c.  243;  1897  c.  354  s.  458a  sub.  3;  Stats.  1898  s.  45Sc;  1899  c.  237  s.  1; 
Supl.  1906  s.  458c;  1907  c.  118;  1913  c.  514] 

Section  458d.     [Repealed  by  1907  c.  579] 

Revocation  of  state  certificate,  etc.  Section  45Se.  Any  state  certificate  or  license, 
or  the  equivalent  of  them,  may  be  revoked  by  the  state  superintendent  for  incompetency  or 
immoral  conduct;  but  before  any  such  revocation  the  holder  shall  be  served  with  a  written 
statement  of  the  charges  against  him  and  shall  have  an  opportunitv  for  defense.  [1895 
e.  243  s.  5;  1897  c.  354  s.  458a  sub.  5;  Stats.  1898  s.  458e] 
\  Section  458/.     [Repealed  by  1911  c.  182] 

Sections  4oSg  and  458ft.     [Repealed  by  1907  c.  579] 

Psychology  and  pedagogy,  when  required.  Section  458/ta.  After  the  first  day  of 
July,  1900,  graduates  of  colleges  and  universities,  in  order  that  their  diplomas  may  be- 
come an  authorization  to  teach  in  the  public  schools  of  this  state,  as  now  provided  by  law, 
must  present  with  them  to  the  state  superintendent  of  public  instruction  satisfactory  evi- 
dence of  having  given  to  psychology  and  pedagogy  at  least  as  much  study  as  is  required, 
in  this  state,  of  candidates  for  a  life  certificate.  [1899  c.  120  s.  1;  Supl.  1906  s.  45Sha; 
1907  c.  118] 

Diplomas,  etc.,  to  supervisors  and  teachers.  Section  458i.  The  state  superintendent 
is  authorized  and  empowered  to  countersign  diplomas  and  issue  state  certificates  to  per- 
sons who  are  engaged  in  supervising  work  in  the  public  schools  or  teaching  in  colleges  or 
normal  schools,  otherwise  legally  qualified  under  existing  statutes  or  are  recommended  by 
the  state  board  of  examiners.     [1905  c.  231  s.  1;  Supl.  1906  s.  458i;  1907  e.  118] 

Special  licenses.  Section  458j.  The  state  superintendent  may  issue  a  special  li- 
cense good  only  until  the  next  meeting  of  the  state  board  of  examiners  in  cases  where  the 
applicant  gives  satisfactory  evidence  that  his  qualifications  and  credentials  shall  meet  the 
requirements  of  the  board  of  examiners;  said  temporary  license  to  be  issued  only  in 
urgent  cases  and  in  order  that  the  school  board,  or  board  of  education  may  be  legally  au- 
thorized to  pay  the  salary  of  said  teacher  from  the  funds  of  the  district  for  services  ren- 
dered.    [1905  c.  231  s.  1;  Supl.  1906  s.  458 j;  1907  c.  118] 

Special  certificates.  Section  4587v.  The  state  superintendent  may  upon  the  recom- 
mendation of  the  state  board  of  examiners,  grant  a  special  certificate  legally  qualifying 
the  holder  to  teach  such  special  branch  or  branches  in  the  public  schools  as  may  be  named 
on  the  face  of  the  certificate.     [1905  c.  231  s.  1;  Supl.  1906  s.  458k;  1907  c.  118] 

Limited  special  certificates.  Section  45SZ.  Upon  the  recommendation  of  the  state 
board  of  examiners  an  applicant  may  be  granted  a  limited  special  certificate  qualifying 
him  to  teach  not  more  than  one  special  branch  in  the  public  schools,  said  certificate  being 
limited  to  one  particular  school  or  district  to  be  named  in  the  certificate,  said  certificate  to 
be  null  and  void  in  any  other  school  or  district.  [1905  e.  231  s.  1;  Supl.  1906  s  4581  • 
1907  c.  118] 

Sei  tion  458m.      [Repealed  by  1907  c.  579] 

Other  diplomas;  special  license.  Section  45Sw.  The  holder  of  a  diploma  granted  by 
any  manual  training  school  or  school  of  domestic  science,  upon  the  completion  of  a  train- 
ing course  for  teachers  in  either  subject  full}'  and  fairly  equivalent  to  the  course  of  in- 
struction for  teachers  in  the  same  subjects  prescribed  by  the  board  of  regents  of  normal 

276 


Chap.  27  s.  458c]  [The  Common  Schools. 

schools,  may  present  such  diploma,  together  with  the  evidence  of  the  required  standing 
of  the  training  school  issuing  such  diploma,  to  the  state  board  of  examiners.  The  ap- 
plicant shall  furnish  therewith  testimonials  of  good  moral  character  and  of  two  years' 
successful  teaching  of  manual  training  or  domestic  science,  as  the  case  may  be,  in  the 
public  schools  of  the  state  after  the  date  of  such  diploma.  The  holder  of  any  such 
diploma,  recommended  favorably  by  the  board,  shall  be  entitled  to  receive  a  certificate 
issued  by  the  state  superintendent,  qualifying  the  holder  as  a  teacher  of  manual  train- 
ing or  of  domestic  science,  until  the  same  shall  be  annulled.  The  holder  of  a  diploma 
granted  upon  the  completion  of  a  course  of  study,  accredited  as  herein  provided,  upon 
which  a  state  certificate  has  not  been  issued,  upon  the  recommendation  of  the  board  of 
examiners  made  in  pursuance  of  such  examination  as  to  learning,  moral  character  and 
ability  to  teach  as  said  board  may  require,  may  be  given  a  special  license  by  the  state 
superintendent  to  teach  manual  training  or  domestic  science  as  recommended  by  the 
board,  for  two  years  in  the  public  schools  of  the  state.  [1903  c.  64  s.  2;  Supl.  1906 
s.  45Sn;  1907  c.  113] 

City  superintendents'  certificates.  Section  45So.  It  shall  be  the  duty  of  the  city 
superintendent  of  schools,  in  those  cities  of  the  third  and  fourth  class  in  which  the  office 
of  city  superintendent  of  schools  has  been  created  or  may  hereafter  be  created  by  the 
common  council  thereof  under  the  provisions  of  section  925 — 23  of  the  statutes  of  1898, 
to  examine  and  license  teachers,  and  under  the  direction  of  the  board  of  education  to 
supervise  and  manage  the  schools.     [1901  c.  316  s.  1;  Supl.  1906  s.  458o;  1907  c.  118] 

City  superintendents'  special  certificates.  Section  458p.  Any  city  superintendent 
of  schools  may  issue  certificates  to  teachers  of  special  branches,  qualifying  them  to 
teach  such  branches  in  the  schools  under  his  supervision,  after  such  examination  as  to 
their  fitness  to  teach  such  branches  as  may  be  provided  by  the  school  board  and  ap- 
proved by  the  state  superintendent.     [1899  c.  148  s.  1;  Supl.  1906  s.  458p;  1907  c.  118] 

Kindergarten  training  school  diploma  to  entitle  to  state  certificate,  when.  Section 
458g.  1.  The  holder  of  a  diploma  granted  by  any  kindergarten  training  school  whose 
course  of  instruction  is  fully  and  fairly  equivalent  to  the  course  of  instruction  in  kin- 
dergarten training  prescribed  by  the  board  of  regents  of  normal  schools  in  any  of  the 
state  normal  schools,  may  present  such  diploma,  together  with  evidence  of  the  required 
standing  of  the  kindergarten  training  school  issuing  such  diploma  to  the  state  board  of 
examiners. 

2.  The  applicant  shall  furnish  therewith  testimonials  of  good  moral  character  and  of 
two  years'  successful  teaching  in  a  kindergarten  or  primary  grades  in  the  public  schools 
in  Wisconsin  after  the  date  of  such  diploma. 

3.  The  holder  of  any  such  diploma  recommended  favorably  by  the  board  shall  be 
entitled  to  receive  a  certificate  issued  by  the  state  superintendent  qualifying  the  holder 
to  teach  in  any  public  kindergarten  or  primary  grade  in  the  state,  until  the  same  shall 
be  annulled. 

4.  The  holder  of  a  diploma  granted  upon  the  completion  of  a  course  of  study  ac- 
credited as  herein  provided,  upon  which  a  state  certificate  has  not  been  issued,  upon  the 
recommendation  of  the  board  of  examiners  made  in  pursuance  of  such  examination  as 
to  learning,  moral  character  and  ability  to  teach  as  said  board  may  require,  may  be  given 
a  special  license  by  the  state  superintendent  to  teach  for  one  year  in  any  kindergarten 
or  in  primary  grades  in  the  public  schools  of  Wisconsin.  [1901  c.  347  s.  1;  1903  c.  69 
s.  1;  Supl  1906  s.  458q;  1907  c.  118,  317;  1913  c.  514] 

Unlimited  certificates.  Section  458r.  An  unlimited  state  certificate  qualifying  the 
holder  to  teach  in  any  public  kindergarten  in  the  state  until  annulled,  shall  be  issued  by 
the  state  superintendent  to  any  person  recommended  for  such  certificate  by  the  state 
board  of  examiners,  after  such  examination  as  shall  satisfy  the  examiners  that  the  ap- 
plicant possesses  the  requisite  scholarship  in  all  the  branches  prescribed  in  the  course 
of  instruction  for  kindergarten  training  by  the  board  of  regents  of  normal  schools  for 
any  of  the  state  normal  schools ;  provided,  further,  that  the  applicant  shall  furnish  to 
the  examiners  such  evidence  of  good  moral  character,  experience,  and  success  in  teach- 
ing as  they  may  require.     [1901  c.  347  ?.  2;  Supl.  1906  s.  458r;  1907  c.  118] 

Three  grades  of  kindergarten  teachers  established;  examinations  for;  transfer. 
Section  458s.  In  addition  to  the  foregoing  there  are  hereby  established  three  grades 
of  certificates  for  kindergarten  teachers,  to  be  known  as  first,  second,  third.  Every 
applicant  for  a  kindergarten  certificate  shall  be  examined  in  the  subjects  hereinafter 
mentioned  for  the  several  grades  respectively,  as  follows:  For  the  third  grade  in 
orthoepy,  orthography,  reading,  writing,  arithmetic,  English  grammar,  physiology  and 
hygiene  with  special  reference  to  the  physiology  and  hygiene  of  childhood,  drawing, 
music,  juvenile  literature,  and  theory  and  art  of  kindergarten  teaching.  For  the  second 
»  277 


Chap.  27  s.  458ij  [The  Common  Schools. 

grade,  in  all  the  foregoing,  and  also  in  general  literature  and  the  elements  of  botany. 
For  the  first  grade,  in  all  the  foregoing,  and  also  in  the  history  of  education  as  related 
to  the  development  of  the  kindergarten,  and  in  the  elements  of  zoology.  If  found  quali- 
fied, the  applicant  shall  receive  the  certificate  of  appropriate  grade.  The  third  grade 
certificate  shall  entitle  the  holder  to  teach  in  any  kindergarten  for  such  period  not  more 
than  one  year,  as  may  be  specified  therein,  in  any  town  or  city  in  the  superintendent 
district  in  which  the  applicant  is  examined,  except  that  it  may  be  limited  by  the  county 
or  city  superintendent  to  one  town  or  school  therein.  A  second  grade  certificate  shall 
entitle  the  holder  to  teach  in  any  kindergarten  in  any  town  or  city  in  such  superintend- 
ent district,  and  be  in  force  for  two  years  from  its  date.  A  first  grade  certificate  shall 
entitle  the  holder  to  teach  in  any  kindergarten  in  any  town  or  city  in  such  superintend- 
ent district,  and  be  in  force  for  four  years  from  its  date;  but  the  county  or  city  super- 
intendent may  limit  the  same  to  one  year  and  remove  the  limitations  upon  satisfactory 
evidence  that  the  holder  has  successfully  taught  a  public  kindergarten  in  this  state  for 
at  least  six  months.  If  a  person  pass  a  satisfactory  examination  by  any  county  or  city 
superintendent  and  obtain  a  certificate  of  either  grade,  and  propose  to  teach  in  another 
superintendent  district,  it  shall  be  lawful  for  the  superintendent  holding  the  papers 
written  at  the  examination  for  such  certificate,  upon  the  request  of  any  county  or  city 
superintendent,  to  transfer  such  papers  to  him,  and  if  found  satisfactory,  a  certificate 
thereon,  of  the  proper  grade,  to  be  conterminous  with  the  original  certificate,  may  be 
issued  by  him,  to  the  same  effect  as  though  he  had  examined  the  applicant  himself. 
[1901  c.  347  s.  3;  Supl.  1906  s.  458s;  1907  c.  118] 

Legally  qualified  teacher  must  hold  certificate.  Section  458J.  After  July  1,  1902, 
no  person  shall  be  deemed  a  legally  qualified  kindergarten  teacher  in  the  state  of  Wis- 
consin who  does  not  hold  a  certificate  granted  by  the  proper  officer  under  the  provisions 
of  sections  458g,  458r  and  458s;  provided,  that  nothing  herein  shall  operate  to  invali- 
date kindergarten  certificates  issued  under  the  authority  of  the  board  of  education  of 
any  city  prior  to  the  passage  of  this  act;  nor  to  affect  the  validity  of  kindergarten  cer- 
tificates issued  under  the  provisions  of  section  458<7  of  statutes,  and  provided  further, 
that  the  provisions  of  sections  458g,  458r  5nd  458s  shall  not  apply  to  cities  of  the  first 
class.     [1901  c.  347  s.  4;  Supl.  1906  s.  458t ;  1907  c.  118;  1911  c.  663  s.  25] 

School  month;  primary  election  days;  attendance  at  teachers'  meetings.  Section 
459.  Twenty  days  of  teaching  shall  constitute  a  school  month  unless  it  be  otherwise 
specified  in  the  contract,  and  all  legal  holidays,  except  the  day  of  any  primary  election 
or  any  general  election,  occurring  on  school  days  shall  be  counted  although  no  school 
be  taught;  but  school  taught  on  legal  holidays  shall  not  be  counted  for  two  school 
days,  and  no  Saturday  shall  be  counted.  The  board  may  give  to  any  teacher  employed, 
without  deduction  from  his  wages,  the  whole  or  any  part  of  any  time  spent  by  him  in 
attending  the  sessions  of  any  institute  held  in  the  county  embracing  any  part  of  the 
district,  in  attending  a  school  board  convention,  or  in  attending  the  meeting  of  any  teach- 
ers' association,  upon  such  teacher  furnishing  to  the  clerk,  to  be  filed  by  him,  a  certificate 
•f  regular  attendance  on  such  institute,  school  board  convention,  or  teachers'  association, 
signed  by  the  person  conducting  the  institute  or  convention  or  by  the  secretary  of  the  as- 
sociation. [1867  c.  30  s.  4;  1869  c.  151  s.  43;  1871  c.  168  s.  1;  1876  c.  39;  R.  S.  1878 
s.  459;  1887  c.  440;  Ann.  Stats.  1889  s.  459;  1897  c.  354;  Stats.  1898  s.  459;  1903  c.  326 
s.  1;  Supl.  1906  s.  459;  1907  c.  92,  118;  1913  c.  255] 

School  register;  teacher's  report.  Section  460.  The  teacher  shall  enter  in  the  reg- 
ister furnished  by  the  clerk  the  names,  ages  and  studies  of  all  scholars  attending  school, 
and  daily  their  attendance  and  absence  and  such  other  facts  as  the  county  superintend- 
ent or  state  superintendent  may  require ;  which  register  the  teacher  shall  deliver  to  the 
clerk  at  the  close  of  his  service  or  whenever  it  may  be  required  for  the  use  of  the  board. 
The  teacher  shall  make  in  writing  and  transmit  to  the  board  or  to  the  county  superin- 
tendent a  report  concerning  any  matter  relating  to  his  school  in  such  form  or  manner  as 
the  board  or  superintendent  may  prescribe;  and  any  teacher  who  shall  wilfully  neglect 
or  refuse  to  make  entries  in  the  register  as  above  required  shall  forfeit  his  wages  for 
teaching  during  the  time  of  such  neglect  or  refusal.  [1854  c.  80  s.  32;  R.  S.  1S58  c.  22 
s.  33;  1863  c.  155  s.  45,  131;  1867  c.  Ill  s.  5;  R.  S.  1878  s.  460;  Ann.  Stats.  1889  s.  460; 
1897  c.  354;  Stats.  1898  s.  460] 

teachers'  retirement  fund. 

Election  of  board  of  trustees.  Section  460 — 1.  1.  There  is  created  a  teachers '  in- 
surance and  retirement  fund,  which  shall  be  managed  by  a  board  of  trustees  to  be  known 
as  the  board  of  trustees  of  the  teachers'  insurance  and  retirement  fund.     Such  board 

278 


Chap.  27  s.  460 — 2]  [The  Common  Schools. 

shall  consist  of  five  members.  The  state  treasurer  and  the  state  superintendent  of  pub- 
lic instruction  shall  be  ex  officio  members  of  said  board ;  three  members,  one  of  whom 
shall  be  a  woman,  shall  be  elected  by  the  members  of  the  teachers '  insurance  and  retire- 
ment fund  at  their  annual  meeting,  as  provided  in  subsection  2  of  this  section.  One 
such  elective  member  may  be  a  retired  member  of  the  fund.  No  teacher  shall  be  elected 
as  a  member  of  the  board  of  trustees  by  the  members  of  said  fund,  who  is  not  a  member 
of  said  fund  at  the  time  of  election.  The  term  of  office  of  elective  members  of  said 
board  of  trustees  shall  be  three  years,  except  as  provided  in  subsection  3  of  this  section, 
and  shall  begin  on  the  first  day  of  January,  next  succeeding  after  such  election  takes 
place,  provided  that  the  elective  members  of  the  first  board  of  trustees  shall  assume 
office  immediately  after  their  election. 

2.  At  the  time  and  place  of  meeting  of  the  Wisconsin  state  teachers'  association  for 
the  year  1911,  those  teachers  described  in  and  complying  with  section  460 — 8  shall  be 
qualified  to  meet  for  the  purpose  of  electing  from  such  qualified  teachers  members  of 
the  board  of  trustees  of  the  teachers'  insurance  and  retirement  fund,  as  provided  in 
section  460 — 1. 

3.  The  teachers  qualified,  as  provided  in  section  460 — 8,  shall  at  the  annual  meeting 
for  1911  elect  as  members  of  the  board  of  trustees,  as  provided  in  section  460 — 1,  one 
male  teacher  for  a  term  of  one  year,  one  male  teacher  for  a  term  of  two  years,  and  one 
female  teacher  for  a  term  of  three  years ;  and  annually  thereafter,  at  the  time  and  place 
of  meeting  of  the  Wisconsin  state  teachers'  association,  the  board  of  trustees  shall  call 
a  meeting  of  the  members  of  the  fund  for  the  purpose  of  electing  members  of  the  board 
of  trustees,  of  making  the  annual  report  of  said  fund,  and  for  the  transaction  of  such 
other  business  as  may  pertain  to  the  interests  of  the  fund. 

4.  In  case  any  vacancy  occurs  among  the  members  of  the  board  elected  at  the  annual 
meeting  of  said  members  of  the  fund,  said  board  shall  fill  said  vacancy  until  the  next 
annual  meeting  of  the  members  of  the  fund,  when  said  members  at  said  annual  meeting 
shall  elect  a  trustee  for  the  unexpired  term. 

5.  In  the  interval  of  time  between  the  passage  of  this  act  and  until  the  elective  mem- 
bers of  the  first  board  of  trustees  assume  office,  as  provided  in  subsection  1  of  this  sec- 
tion, the  state  superintendent  of  public  instruction  and  the  state  treasurer  shall  consti- 
tute a  temporary  board  of  trustees  of  the  teachers'  insurance  and  retirement  fund. 
Said  temporary  board  shall  account  for  all  its  transactions  pertaining  to  the  fund  in 
the  same  manner  as  the  said  board  of  trustees.     [1911  c.  323;  1911  c.  664  s.  78] 

Organization  of  board;  secretary.  Section  460 — 2.  Said  board  of  trustees  shall 
organize  by  the  election  of  a  president.  The  state  treasurer  shall  be  ex  officio  treasurer 
of  said  board,  and  shall  receive  and  make  payments  from  and  account  for  said  funds 
in  the  same  manner  as  for  other  state  funds.  Said  board  may  employ  a  secretary  to  be 
ehosen  for  such  a  term  as  shall  be  determined  by  said  board.  Said  secretary  shall  per- 
form such  duties  in  connection  with  the  teachers'  insurance  and  retirement  fund  as  may 
be  prescribed  by  the  board.     [1911  c.  323] 

Board  meetings;  rules.  Section  460 — 3.  Said  board  shall  meet  during  the  month 
of  September  of  each  year  at  its  office  at  a  time  to  be  fixed  by  the  board  and  at  any 
other  time  on  the  call  of  the  president  or  of  any  two  members  thereof.  Said  board  may 
adopt  rules  for  the  government  of  its  meetings  and  for  membership  in  the  fund,  pay- 
ments thereto  and  therefrom,  and  for  other  matters  which  will  be  calculated  to  aid 
teachers  in  securing  the  benefit  of  the  fund.     [1911  c.  323] 

Traveling  expenses  of  board  members;  salary  of  secretary;  disbursements.  Section 
460 — 4.  Members  of  said  board  shall  receive  no  compensation  except  their  necessary 
traveling  expenses  incurred  in  attending  the- meetings,  to  be  paid  from  the  teachers' 
insurance  and  retirement  fund  upon  the  certificate  of  the  president  and  secretary;  but 
if  the  board  shall  elect  one  of  its  members  secretary,  such  member  shall  receive  com- 
pensation for  services  rendered  as  secretary.  The  secretary  of  said  board  shall  receive 
a  salary  to  be  fixed  by  the  board,  at  an  amount  not  to  exceed  eighteen  hundred  dollars  per 
annum.  ,  The  compensation  of  the  secretary  and  any  other  necessary  expenses  incurred  by 
said  board  in  carrying  out  the  provisions  of  sections  460 — 1  to  460 — 20,  inclusive,  shall 
be  paid  from  the  fund.     [1911  c.  323;  1911  c.  664  s.  78;  1915  c.  332] 

Control  and  investment  of  fund.  Section  460 — 5.  Said  board  shall  have  charge  of 
the  fund  and  shall  invest  the  same  under  the  same  conditions  as  the  trust  funds  of  the 
state  may  be  invested.     [1911  c.  323] 

Report  of  board.  Section  460 — 6.  Said  board  shall  report  annually  as  of  the  year 
ending  the  first  day  of  September.  A  copy  of  said  report  shall  be  transmitted  to  the 
annual  meeting  of  the  members  of  the  teachers'  insurance  and  retirement  fund  and  to 

279 


C  hap.  27  s.  460 — 7]  [The  Common  Schools. 

the  state  superintendent  of  public  instruction.  Said  superintendent  shall  include  a  copy 
of  said  report  in  his  biennial  report  to  the  governor.      [1911  c.  323] 

Legal  status  of  board;  attorney-general  to  represent.  Section  460 — 7.  Said  board 
shall  not  be  a  corporation,  but  may  sue  and  be  sued  in  the  name  of  the  board.  All 
actions  brought  by  or  against  the  board  shall  be  prosecuted  or  defended,  as  the  case 
may  be,  by  the  attorney -general.     [1911  c.  323} 

Assessments  to  create  fund;  elective  participation.  Section  460 — S.  1.  Any  person 
or  officer  authorized  by  law  to  pay  the  salaries  of  teachers — as  defined  in  this  act — shall 
retain  on  every  pay  day  from  the  salary  of  each  teacher  the  amounts  herein  provided. 
Each  teacher  shall  be  furnished  a  statement  by  such  person  or  officer,  showing  the  amount 
so  deducted  from  his  or  her  salary. 

2.  Every  teacher  shall  be  assessed  upon  his  or  her  salary  as  teacher  for  a  period  of 
twenty-five  years  as  follows :  One  per  centum  per  annum,  but  not  more  than  fifteen  dol- 
lars per  year,  for  each  of  the  first  ten  years  of  service  as  teacher;  and  two  per  centum 
per  annum,  but  not  more  than  thirty  dollars  per  year,  for  each  successive  year  of  service 
as  teacher,  until  said  teacher  shall  have  had  a  total  of  twenty-five  years  of  teaching  serv- 
ice when  said  assessments  shall  cease.  The  total  amount  paid  into  said  fund  by  each 
teacher  shall  be  based  upon  said  twenty-five  years  of  service  as  teacher  with  assess- 
ments as  provided  in  this  subsection;  provided  tliat  such  total  amount  shall  not  be  less 
than  the  full  amount  of  the  annuity  to  which  such  teacher  shall  be  entitled  for  the  first 
year. 

3.  In  becoming  a  teacher  in  said  public  schools  after  September  1,  1911,  he  or  she 
shall  be  conclusively  deemed  to  undertake  and  agree  to  pay  such  assessments,  and  to 
!>ave  such  assessments  deducted  from  his  or  her  salary  as  herein  provided. 

4.  Any  person  employed  as  teacher  in  said  public  schools,  when  sections  460 — 1  to 
460 — 20,  inclusive,  take  effect,  may,  at  any  time  before  September  1, 1912,  elect  to  come 
within  the  provisions  of  sections  460 — l'to  460 — 20,  inclusive,  by  notifying  in  writing 
the  board  of  trustees  of  the  teachers'  insurance  and  retirement  fund. 

5.  At  the  time  of  giving  said  notice  to  the  board  of  trustees,  as  herein  provided, 
such  teacher  shall  notify  the  local  school  board  or  any  other  managing  body  in  writing 
of  his  or  her  election  to  come  within  the  provisions  of  this  act;  and  shall  authorize  said 
school  board,  as  a  part  of  said  notice,  to  deduct  from  each  payment  of  salary  due  him  or 
her  a  sum  equal  to  said  per  centum  of  such  payment  as  provided  in  subsection  2  of  this 
section.     [1911  c.  323;  1911  c.  664  s.  78;  1915  c.  495] 

Constitution  of  fund;  reports  of  boards,  superintendents  and  treasurers;  transmis- 
sion of  assessments  to  state  treasurer.  Section  460 — 9.  1.  Each  such  school  district 
board,  each  high  school  district  beard,  each  town  board  of  school  directors,  each  board 
cf  education,  or  other  managing  body,  shall  each  year,  between  the  twentieth  and 
thirtieth  days  of  June,  forward  to  the  treasurer  of  the  town,  village,  or  city  in  which 
the  sehoolhouse  of  said  teacher  is  located,  a  statement  verified  by  the  secretary  or  clerk 
thereof  of  the  moneys  so  retained,  in  accordance  with  the  provisions  of  section  460 — 8, 
together  with  said  moneys  so  retained. 

2.  Said  statement  shall  also  include  the  following:  Name  and  monthly  salary  of 
each  of  said  teachers ;  number  of  months  of  school  taught  by  each  teacher  in  said  pub- 
lic schools  of  the  district,  village,  or  city  over  which  said  school  board,  or  other  man- 
aging body,  has  jurisdiction  during  the  school  year  for  which  the  statement  is  made; 
the  number  of  months  constituting  a  school  year  in  such  district,  village,  or  city;  the 
total  salary  of  each  teacher;  the  total  amount  withheld  from  the  salary  of  each  teacher, 
in  accordance  with  the  provisions  of  section  460 — 8 ;  the  total  amount  so  withheld  from 
the  salaries  of  all  of  said  teachers  for  the  school  year,  next  preceding;  and  the  total 
number  of  years  each  teacher  has  taught  in  the  public  schools  of  the  state. 

3.  Said  school  board  shall  at  the  same  time  send  a  copy  of  said  statement  to  the 
superintendent  of  the  county,  district,  or  city  in  which  said  sehoolhouse  is  located. 

4.  If  no  teacher  in  such  city,  village,  town,  or  school  district  comes  under  the  pro- 
visions of  section  460 — 8,  the  school  board  or  other  managing  body  of  such  city,'  village, 
town,  or  school  district  shall  state  this  fact  under  the  oath  of  the  secretary  or  clerk 
thereof  to  the  treasurer  of  said  city,  village,  or  town;  and  shall  at  the  same  time  for- 
ward a  copy  of  said  statement  to  the  superintendent  of  said  county,  district,  or  city. 

5.  Each  county,  district,  and  city  superintendent  shall  each  year,  between  the  thir- 
tieth day  of  June  and  the  tenth  day  of  July,  report  under  oath  to  the  board  of  trustees 
of  the  teachers'  insurance  and  retirement  fund.  Said  report  shall  contain  an  itemized 
account  of  the  statements  received  by  him  from  the  school  boards  and  a  statement  of 
the  total  amount  withheld  from  the  salaries  of  all  of  said  teachers  in  said  report. 

280 


Chap.  27  s.  4G0— 12]  [The  Common-  Schools. 

6.  The  board  of  trustees  of  the  teachers'  insurance  and  retirement  fund;  each 
county,  district,  and  city  superintendent;  each  school  district  board;  each  high  school 
district  board;  each  town  board  of  education,  or  other  managing  body,  shall  keep  com- 
plete records  of  the  data  contained  in  said  reports  and  of  the  statements  hereinbefore 
mentioned. 

7.  Each  town,  village,  and  city  treasurer  shall,  between  the  thirtieth  day  of  June 
and  the  tenth  day  of  July  of  each  year,  certify  under  oath  to  the  county  treasurer  the 
amount  of  moneys  so  received  from  such  school  board  or  other  managing  body,  and 
shall  forward  to  the  county  treasurer  with  such  sworn  statement  the  moneys  so  received 
and  certified. 

8.  Between  the  fifteenth  day  of  July  and  the  first  day  of  August  of  each  year,  the 
county  treasurer  shall  transmit  to  the  state  treasurer  all  moneys  which  he  has  received 
in  accordance  with  the  provisions  of  sections  4G0 — 1  to  460 — 20,  inclusive;  and  shall  certify 
under  oath  to  the  board  of  trustees  of  the  teachers'  insurance  and  retirement  fund  the 
amount  so  received  and  transmitted  to  the  state  treasurer,  as  herein  provided. 

9.  [Stats.  1913;  repealed  by  1915  c.  609  s.  17] 

9.  No  city,  village,  town,  or  school  district  shall  share  in  any  of  the  seven-tenths 
mill-tax  apportionment  for  any  year,  unless  it  has  made  the  report  as  herein  provided 
and  paid  over  to  the  state  treasurer  for  the  teachers'  insurance  and  retirement  fund 
such  per  centum,  as  provided  in  subsection  2  of  section  460 — 8,  of  the  total  sum  paid  in 
wages  to  such  teachers  as  come  under  the  provisions  of  sections- 460 — 1  to  460 — 20,  inclu- 
sive.    [1911  e.  323;  1911  e.  664  s.  78;  1915  c.  495  s.  2;  1915  c.  609  s.  17,  18] 

Sections  460—10  and  460—11.     [Repealed  by  1915  c.  609  s.  17] 

Participation  by  teachers  from  schools  not  included.  Section-  460 — 12.  Any  teacher 
coming  from  schools  not  included  under  the  provisions  of  sections  460 — 1  to  460 — 20, 
inclusive,  shall  pay  assessments  for  said  years  of  service  in  such  schools,  as  provided 
in  section  460 — 13,  based  upon  his  or  her  first  annual  salary  in  said  public  schools  of 
the  state,  together  with  the  regular  assessments  as  provided  in  subsection  2  of  section 
460 — 8,  before  receiving  any  retirement  annuity.     [1911  c.  323;  1911  c.  664  s.  78] 

Conditions  of  retirement;  application  for.  Section  460 — 13.  Any  teacher  who  may 
be  teaching  in  said  public  schools  and  who  has  complied  with  the  provisions  of  sections 
460 — 1  to  460 — 20,  inclusive,  may  retire  and  receive  the  annuity  provided  for  in  the 
following  cases : 

(1)  After  a  period  or  periods  aggregating  twent3r-five  years  of  service  as  teacher, 
of  which  eighteen  years  must  have  been  spent  in  the  public  schools  of  this  state,  pro- 
vided that  payments  by  said  teacher  to  the  fund  shall  have  amounted  to  a  sum  as  pro- 
vided in  section  460 — 8.  If  said  payments  shall  not  have  amounted  to  said  sum,  the 
teacher  shall  pay  into  the  fund  the  deficiency  before  receiving  said  annuity. 

(2)  After  eighteen  years  of  service  as  teacher  in  the  public  schools  of  the  state, 
when  said  teacher  suffers  from  a  permanent  mental  or  physical  disability,  to  be  deter- 
mined by  said  board  after  an  examination  by  two  physicians  appointed  by  said  board, 
provided  that  payments  by  said  teacher  to  the  fund  shall  have  amounted  to  a  sum  as 
provided  in  section  460 — 8.  If  said  payments  shall  not  have  amounted  to  said  sum, 
the  teacher  shall  pay  into  the  fund  the  deficiency  before  receiving  the  annuity.  The 
examination  fees  of  such  physician  shall  be  paid  by  said  applicant. 

(3)  In  computing  the  terms  of  service  under  subsections  1  and  2  of  this  section, 
a  year  shall  be  a  legal  school  year  at  the  time  and  place  where  said  service  was  ren- 
dered, except  that  where  the  service  was  rendered  in  schools  not  included  within  the 
provisions  of  sections  460 — 1  to  460 — 20,  inclusive,  a  time  less  than  a  legal  school  year 
in  this  state  shall  not  be  included  as  a  year,  but  only  as  such  proportion  of  a  year  as 
the  number  of  teaching  weeks  in  each  such  year  bears  to  the  number  of  weeks  required 
at  the  time  to  constitute  a  legal  school  year  in  this  state. 

(4)  Any  person  who  has  complied  with  the  provisions  of  sections  460 — 1  to  460 — 20, 
inclusive,  and  desires  to  retire  from  active  service  in  said  public  schools  shall  apply  in 
writing  to  the  board  of  trustees  of  the  teachers'  insurance  and  retirement  fund.  [1911 
c.  323;  1911  c.  664  s.  78] 

Annuities;  refund  of  assessments;  quarterly  payments.  Section  460 — 14.  1.  Each 
teacher  retiring  from  the  service  of  said  public  schools  under  the  provisions  of  subsec- 
tions 1  and  2  of  section  460 — 13  shall  annually  and  for  life  be  entitled  to  receive  as 
annuity  twelve  dollars  and  fifty  cents  for  each  year  of  service  as  teacher ;  provided  that 
said  annuity  shall  not  exceed  four  hundred  and  fifty  dollars  in  any  one  year,  subject, 
however,  to  all  the  provisions  of  sections  460 — 1  to  460 — 20,  inclusive. 

281 


Chap.  27  s.  460—15]  [The  Common  Schools. 

2.  The  board  of  trustees  may  ratably  reduce  the  annuities  provided  in  sections 
460 — 1  to  460 — 20,  inclusive,  whenever,  in  the  judgment  of  the  board,  the  condition  of 
the  fund  shall  require  such  reduction. 

3.  Any  teacher  who  shall  cease  to  teach  in  said  public  schools  before  receiving  any 
benefit  or  annuity  from  the  fund,  shall,  if  application  be  made -in  writing  to  the  board 
of  trustees  within  six  months  after  the  date  of  his  or  her  resignation,  be  entitled  to  the 
return  of  one-half  of  the  amount,  without  interest,  which  shall  have  been  paid  into  the 
fund  by  such  teacher.  If  such  teacher  should  again  thereafter  teach  in  said  public 
schools,  he  or  she  shall,  within  one  year  from  the  date  of  his  or  her  return  to  the  service 
in  said  public  schools,  refund  to  said  fund  the  amount  so  returned  to  such  teacher,  to- 
gether with  simple  interest  on  said  amount  (but  not  to  exceed  four  per  centum  per 
annum)  for  the  time  such  amount  was  withdrawn  from  the  fund. 

4.  The  state  treasurer  shall  pay  said  annuities  quarterly  in  September,  December, 
March  and  June  of  each  year,  upon  the  warrants  of  the  secretary  of  state,  issued  upon 
certificates  of  the  president  and  secretary  of  said  board.  No  payments  shall  be  made 
prior  to  September,  1912. 

5.  Payments  from  the  fund  shall  be  made  from  the  income  thereof  and  in  addition 
thereto,  when  necessary,  from  the  principal  of  moneys  received  under  sections  460 — 8 
and  460—9,  and  under  the  state  tax  provided  for  in  section  172—73.  [1911  c.  323;  1911 
c.  664  s.  78;  1915  c.  609  s.  16] 

Leave  of  absence  for  one  year  allowed.  Section  4G0 — 15.  One  year's  leave  or 
leaves  of  absence  granted  by  the  proper  authorities  of  any  of  said  public  schools  to  any 
teacher  under  the  provisions  of  sections  460 — 1  to  460 — 20,  inclusive,  shall  be  computed 
as  a  part  of  said  twenty-five  years  of  service;  provided,  that  the  payments  to  said  fund 
shall  be  continued  during  said  leave  of  absence,  and  shall  equal  the  assessment  paid  by 
such  teacher  for  the  year  next  preceding  the  period  or  periods  of  absence  respectively. 
Not  more  than  one  full  school  year's  leave  or  leaves  of  absence  in  the  aggregate  shall  be 
computed  as  a  part  of  said  twenty-five  years  of  service  of  said  teacher ;  and  in  case  of 
absence  of  less  than  a  school  year,  only  the  time  covered  by  such  absence  shall  be  so 
computed.     [1911  c.  323;  1911  c.  664  s.  78] 

Resumption  of  active  duty  and  suspension  of  annuity.  Section  460 — 16.  Any  per- 
son retiring  under  sections  460 — 1  to  460 — 20,  inclusive,  may  again  enter  upon  the  work 
of  teaching  in  said  public  schools;  during  said  term  of  teaching  the  annuity  paid  to 
such  person  shall  cease.  Said  annuity  shall  again  be  paid  to  said  person  upon  his  or  her 
further  retirement.     [1911  c.  323;  1911  c.  664  s.  78] 

Annuities  are  exempt  and  inalienable.  Section  460 — 17.  The  annuities  so  created 
shall  not  be  subject  to  attachment,  garnishment,  execution,  or  other  seizure  on  process, 
nor  shali  they  be  subject  to  sale,  assignment,  pledge,  mortgage,  or  other  alienation. 
[1911  c.  323] 

Office  of  board  in  capitol.  Section  460 — 18.  A  suitable  office  in  the  capitol  with 
suitable  furniture  and  office  supplies  shall  be  furnished  the  board  of  trustees  of  the 
teachers'  insurance  and  retirement  fund.     [1911  c.  323] 

Definition  of  "teacher."  Section  460 — i9.  The  term  "teacher"  as  used  in  sec- 
tions 460 — 1  to  460 — 20,  inclusive,  shall  include  all  persons  legally  employed  in  teaching 
in  the  public  schools  of  the  state  of  Wisconsin  outside  of  cities  of  the  first  class,  and  all 
persons  legally  or  officially  employed  or  engaged  in  superintending,  supervising  or  in- 
specting such  public  schools.  [1911  c.  323;  1911  c.  664  s.  78;  1915  c.  495  s.  3;  1915  c.  604 
s.  13] 

Cities  of  first  class  excepted.  Section  460—20.  Sections  460—1  to  460 — 20,  in- 
clusive, shall  not  apply  to  cities  of  the  first  class.      [1911  c.  323;  1911  c.  664  s.  78] 

county  superintendent. 

His  duties.     Section  461.     It  shall  be  the  duty  of  every  county  superintendent. 

(1)  To  examine  and  license  teachers  in  his  district  and  to  annul  certificates  as  pro- 
vided by  law. 

(2)  To  visit  and  examine  each  district  and  all  the  schools  in  his  district  at  least  once 
in  each  year  and  as  much  oftener  as  may  be  necessary;  to  inquire  into  all  matters  relat- 
ing to  the  management,  course  of  study,  mode  of  instruction,  textbooks  and  discipline  of 
such  schools  and  the  condition  of  the  schoolhouse,  sites  and  outbuildings  and  appendages 
and  of  the  district  generally;  to  advise  with  and  counsel  the  district  boards  in  relation  to 
their  duties,  and  particularly  in  relation  to  the  construction,  warming  and  ventilation  of 
schoolhouses  and  the  improving  and  adorning  of  the  school  grounds,  and  to  recommend 

282 


Chap.  27  s.  46] a}  [The  Common  Schools.' 

to   the  school  officers  and  teachers  the   proper  studies,  discipline   and  management   of 
schools. 

(3)  To  direct,  after  proper  examination,  the  district  board  to  make  any  alteration  and 
repairs  which  shall,  in  his  opinion,  be  necessary  to  the  health,  comfort  and  progress  of 
the  pupils,  and  to  abate  any  nuisance  in  or  upon  the  premises,  provided  the  same  can  be 
done  at  an  expense  not  exceeding  twenty-five  dollars. 

(4)  To  make  an  order  in  concurrence  with  the  chairman  of  the  town  board  in  which 
any  schoolhouse  is  situated  which  they  shall  deem  unfit  for  school  purposes  and  not  wortli 
repairing,  declaring  such  fact  and  reciting  the  reason  therefor.  They  shall  deliver  such 
order  to  the  clerk  of  the  district  and  transmit  forthwith  a  copy  thereof  to  the  clerk  of  the 
town  and  also  to  the  state  superintendent.  Such  order  shall  take  effect  from  its  date 
unless  within  thirty  days  after  it  is  delivered  to  the  district  clerk  the  same  shall  be  re- 
versed by  the  state  superintendent  for  cause  shown ;  and  from  the  time  said  order  shall 
take  effect  the  district  shall  not  share  in  any  apportionment  of  the  school  fund  income  for 
any  school  kept  in  any  building  so  declared  to  be  unfit  for  school  purposes. 

(5)  To  report  annually  to  the  board  of  supervisors  of  his  county  the  condition  ©f  the 
schools  under  his  supervision. 

(6)  To  receive  the  reports  of  the  district  clerks  required  to  be  made  by  law  and  to 
transmit  abstracts  of  the  same  to  the  state  superintendent;  and  to  report  on  or  before  the 
fifteenth  day  of  September  to  each  town,  village  or  city  clerk  in  the  territorj'  under  his 
jurisdiction,  the  number  of  persons  of  school  age  reported  to  him  by  the  district  clerks  as 
residing  in  the  several  districts  or  parts  of  districts  of  the  several  towns,  villages  or  cities 
in  his  county  or  superintendent  district,  on  the  last  day  of  June  in  each  year;  and  in 
case  there  are  any  parts  of  joint  districts  lying  in  his  county  or  district  the  schoolhouses 
of  which  are  situated  in  other  counties,  he  shall  report  to  the  county  superintendent  of 
the  county  in  which  the  schoolhouses  of  said  joint  districts  are  located  the  names,  sex  and 
number  of  persons  of  school  age  residing  in  the  parts  of  such  joint  districts  as  lie  in  his 
county  or  superintendent  district,  and  from  time  to  time  such  other  facts  relating  to  edu- 
cation in  his  district  as  the  state  superintendent  shall  require. 

(7)  To  organize  and  conduct  at  least  one  institute  for  the  instruction  of  teachers  in 
each  year,  and  to  advise  in  all  questions  arising  under  the  operations  of  the  school  laws 
in  his  district. 

(8)  To  hold  semiannual  public  examinations  for  county  teachers'  certificates  at  two  or 
more  convenient  places  within  the  county,  and  to  give  due  notice  of  the  time  and  places  at 
which  such  examinations  will  be  held  by  a  publication  in  newspapers  having  a  circulation 
within  the  county,  or  by  printed  notice  to  teachers  and  clerks  of  school  boards  within  the 
county.  Whenever,  for  any  cause  satisfactory  to  the  county  superintendent,  it  is  neces- 
sary to  give  a  private  examination  to  any  person  desiring  a  certificate,  if  the  person  be 
found  qualified,  according  to  law,  he  may  issue  a  certificate  of  the  proper  grade,  which 
shall  remain  in  force  until  the  next  regular  public  examination  in  such  inspection  district. 

(9)  The  county  or  district  superintendent  of  schools  shall  annually  call  and  hold 
at  least  one  school  board  convention  for  his  superintendent  district,  at  the  county  seat 
or  some  other  convenient  place,  for  the  purpose  of  consultation,  advice,  and  instruction 
upon  matters  pertaining  to  the  management  of  the  schools.  The  county  superintendent 
may  determine  the  number  of  days  each  convention  shall  be  in  session,  provided  no 
convention  shall  be  held  for  more  than  two  consecutive  days.  Each  district  clerk  shall, 
and  the  director  and  treasurer  may,  attend  su,sh  convention.  Each  member  present  shall 
be  allowed  two  dollars  for  each  day's  attendance  at  the  convention,  provided  his  certifi- 
cate of  attendance  shall  show  that  he  was  present  at  each  session  of  the  convention,  and 
mileage  at  the  rate  of  three  cents  per  mile  each  way,  going  and  returning  to  and  from 
said  meeting,  said  sum  to  be  paid  from  any  moneys  in  the  school  district  treasury  not 
otherwise  appropriated.  Such  per  diem  and  mileage  shall  be  in  full  payment  of  all 
expenses  incurred  by  each  member  while  in  attendance  at  the  convention.  The  county 
superintendent  shall  keep  a  record  of  the  attendance  of  all  members  at  each  morning, 
afternoon  or  evening  session  of  the  convention  during  the  days  the  convention  shall  be 
in  session,  and  shall  issue  to  each  member  in  attendance  a  certificate  setting  forth  the 
actual  attendance  of  each  of  said  members,  which  shall  be  filed  with  the  second  district 
clerk  and  serve  as  a  basis  or  evidence  for  drawing  the  necessary  warrant  upon  the 
district  treasury.  [1863  c.  155  s.  92-94;  1867  c.  Ill  s.  12;  E.  S.  1878  s.  461;  1880 
c.  155;  1881  c.  272;  Ann.  Stats.  1839  s.  461;  1897  c.  354;  Stats.  1898  s.  461;  1901  c.  290 
s.  1;  1905  c.  105  s.  1;  Supl.  1906  s.  461;  1907  c.  118;  1909  c.  222;  1913  c.  301,  448] 

Attendance  on  convention.  Section  461a.  The  county  superintendent  shall  attend 
annually  at  least  one  convention  of  county  superintendents  called  and  held  by  the  state 
superintendent  for  the  purpose  of  consultation,  advice  and  instruction  upon  matters  per- 

283 


'Chap.  27  s.  461c J  [The  Common  Schools. 

raining  to  supervision  and  management  of  public  schools.  His  necessary  actual  expenses 
for  traveling  from  his  residence  to  the  place  of  holding  the  nearest  and  most  accessible 
convention  and  returning  thereto  and  for  board  and  lodging  while  in  actual  attendance 
thereon  shall  be  paid  by  the  county,  and  bills  for  such  expenses  shall  be  audited  and 
allowed  by  the  several  county  boards  upon  the  presentation  of  the  same  with  the  certifi- 
cate of  the  state  superintendent  attached  thereto  showing  that  the  claimant  attended 
such  convention  for  the  number  of  days  specified  in  the  bill;  provided,  not  more  than 
one  such  account  shall  be  paid  in  each  year.  [1885  c.  65  s.  2,  3;  Ann.  Stats.  1889 
s.  461a;  1897  c.  354;  Stats.  1898  s.  461a] 

Section  461b.     [Repealed  by  1915  c.  531] 

Residence  and  office.  Section  461c.  When  a  county  seat  is  located  in  an  independ- 
ent city  having  a  separate  superintendent  of  schools  or  a  county  shall  be  divided  into 
two  superintendent  districts,  the  county  superintendent  may  reside  in  such  county  seat 
and  keep  an  office  in  the  public  building  or  other  place  provided  therefor  by  the  county. 
[1887  c.  80;  Ann.  Stats.  1889  s.  461c;  1897  c.  354;  Stats.  1S98  s.  461c] 

Eligibility.  Section  461cc.  A  person  shall  not  be  ineligible  to  the  office  of  county 
superintendent  of  schools  on  account  of  residence  in  cities  of  the  third  and  fourth  class 
within  the  territorial  limits  of  any  such  district.  [1905  c.  46  s.  1;  Supl.  1906  s.  461cc; 
1907  c.  118] 

Section  46M     [Repealed  by  1915  c.  531] 

Superintendent's  report.  Section  461c.  The  county  superintendent  shall  annually 
make  and  file  with  the  county  clerk  a  statement,  verified  by  his  affidavit,  giving  the 
names  of  all  persons  examined  by  him  since  the  beginning  of  his  term  or  since  the  date 
of  his  last  statement,  together  with  the  dates  when  such  persons  were  examined.  He  shall 
also  embody  in  such  statement  the-  names  of  all  persons  to  whom  certificates  have  been 
issued  upon  papers  written  in  another  superintendent's  district  and  the  dates  when  such 
certificates  were  issued,  and  also  the  names  of  all  graduates  of  high  schools  whose  diplo- 
mas he  has  countersigned,  together  with  the  dates  of  countersigning.  At  the  expiration 
of  his  term  of  office  he  shall  file  with  the  county  clerk  a  similar  sworn  statement,  covering 
the  time  from  the  close  of  his  last  regular  series  of  examinations  to  the  close  of  his  term, 
and  shall  embody  in  such  statement  a  summary,  giving  the  number  of  persons  in  each  of 
the  three  classes  herein  named  and  of  all  the  persons  so  reported  by  him  to  the  county 
clerk  during  his  term  of  office.  [1895  c.  331  s.  5;  1897  c.  354  s.  461e  sub.  5;  Stats.  1898 
s.  461g;  1905  c.  52] 

Institute  instructors.  Section  461/.  No  money  shall  be  paid  for  services  rendered 
as  an  instructor  in  any  institute  to  any  person  unless  he  holds  a  certificate  signed  by  the 
state  superintendent  certifying  that  the  committee  on  institutes  of  the  board  of  regents 
of  normal  schools  approves  of  said  person  as  a  competent  institute  instructor.  Nor  shall 
any  person  be  employed  by  any  county  superintendent  as  institute  conductor  or  lecturer 
who  is  engaged  in  publishing  textbooks  or  dealing  in  school  supplies,  or  who  is  an  agent 
or  employe  of  any  individual  or  company  thus  engaged,  or  who  is  proprietor  or  manager 
of"  or  in  any  way  pecuniarily  interested  in  any  teachers'  employment  agency  or  bureau ; 
nor  shall  the  committee  on  teachers'  institutes  of  the  board  of  regents  of  normal  schools 
approve  any  such  person  for  service  in  institutes  provided  for  in  section  461/,  nor  shall 
any  such  person  be  employed  as  instructor  or  lecturer  in  any  institute  supported  in  whole 
or  in  part  by  the  state.     [1897  c.  354  s.  461e  sub.  4,  6;  Stats.  1898  s.  4611;  1905  c.  52] 

Superintendent's  duty  as  to  deaf  and  blind  children.  Section  461^.  It  shall  be  the 
duty  of  each  county  and  city  superintendent  of  schools  to  send  to  the  superintendent  of 
the  state  school  for  the  deaf  at  Delavan  and  to  the  superintendent  of  the  state  school  for 
the  blind  at  Janesville  the  address  of  parents  with  the  name  and  age  of  each  deaf  or 
blind  child  known  to  be  in  his  county  or  city,  and  to  inform  parents,  guardians  and 
custodians  of  deaf  mutes  and  blind  children  in  his  county  or  city  respecting  the  several 
schools  for  deaf  mutes  and  the  blind  in  the  state  and  the  conditions  of  admission  to  them; 
and  for  this  purpose  the  superintendents  of  such  institutions  shall  provide  each  such 
superintendent  with  sufficient  printed  information  and  with  the  names  and  residences  of 
all  deaf  mutes  and  blind  children  known  to  be  in  his  county  or  city.  And  each  such 
superintendent  with  sufficient  printed  information  and  with  the  names  and  residences  of 
the  city  board  of  education  a  statement  of  the  number  of  deaf  mutes  and  of  blind  chil- 
dren of  school  age  in  such  county  or  city  then  receiving  an  education,  or  the  number  of 
each  not  receiving  an  education,  and  of  the  number  of  personal  visits  he  has  made  during 
the  year  upon  the  parents,  guardians  or  custodians  of  such  children  to  induce  them  to  give 
such  children  a  proper  education.  [1891  c.  331  s.  3;  1S97  c.  354  s.  461f;  Stats.  1S98 
s.  461k,  572,  577,  4972  sub.  14;  1905  c.  52] 

Section  4617i.     [Repealed  by  1913  c.  773  s.  21] 

Sections  461i  to  46K-,  inclusive.     [ReiJealed  by  1905  c.  52] 

284 


Chap.  27  s.  461Z]  [The  Common  Schools. 

Examinations  for  superintendent's  certificates.  Section  461Z.  The  board  of  exam- 
iners for  state  certificates  shall,  at  the  time  of  holding  the  regular  examinations  provided 
for  by  law,  examine  all  applicants  for  the  county  superintendent's  certificate  herein  pro- 
vided for,  upon  the  branches  upon  which  examination  is  now  required  for  a  first  grade 
county  certificate,  and  also  upon  school  law  and  the  organization,  management  and  super- 
vision of  district  schools.  Such  board  shall,  in  addition  to  the  examination  provided  for 
by  law,  hold  in  the  month  of  July  in  each  year  three  such  examinations  simultaneously 
at  three  different  points  in  the  state,  to  be  determined  by  the  state  superintendent,  which 
shall  be  chosen  with  reference  to  the  accommodation  of  applicants  in  different  parts  of 
the  state.  Each  of  the  three  examinations  shall  be  held  under  the  supervision  of  a  mem- 
ber of  the  board  of  examiners,  but  the  scope  and  character  of  the  examination  shall 
be  previously  determined  by  the  board  of  examiners  and  the  state  superintendent. 
Printed  questions  shall  be  prepared  on  each  subject  upon  which  the  applicant  is  required 
to  be  examined,  and  the  board  of  examiners  shall  examine  the  papers  written  by  appli- 
cants and  file  all  papers  so  written  in  the  office  of  the  state  superintendent.  All  persons 
passing  such  examination  to  the  satisfaction  of  such  board,  and  who  shall  furnish  satis- 
factory testimonials  of  moral  character  to  the  board,  shall,  upon  its  recommendation, 
receive  from  the  state  superintendent  the  county  superintendent's  certificate,  which, 
together  with  the  eight  months'  experience  in  teaching  in  the  public  schools  provided  for 
*in  section  702«;  shall  constitute  a  legal  qualification  to  hold  the  office  of  county  superin- 
tendent of  schools.  It  shall  also  legally  qualify  the  holder  to  teach  in  any  public  school 
in  the  state  for  which  a  first  grade  county  certificate  is  a  legal  qualification.  Such  certifi- 
cate shall  remain  in  force  until  revoked  by  the  state  superintendent  according  to  law. 
The  provisions  of  law  for  payment  of  expenses  and  per  diem  of  members  of  the  board 
of  examiners  while  conducting  examinations  for  state  certificates  shall  extend  to  the  ex- 
'  aminations  herein  provided  for.  [1SD5  c.  333  s.  2,  4,  6;  1897  e.  351  s.  461g  sub.  2-4,  6; 
Stats.  1898  s.  4611] 

County  institute  fund.  Section  461to.  The  teachers'  county  institute  appropriation 
shall  be  used  under  the  direction  of  the  county  or  district  superintendent  in  defraying  the 
necessary  expenses  of  conducting  annually  one  or  more  teachers'  institutes  for  the  instruc- 
tion of  the  teachers  of  his  county  or  district  in  school  management,  in  methods  of  teaching, 
and  in  the  branches  taught  in  the  common  schools,  and  in  compensation  for  lectures  at  such 
institutes  when  said  lectures  are  given  by  other  than  the  conductors  or  the  county  or  dis- 
trict superintendent.     [1905  c.  476;  Supl  1906  s.  461m;  1907  c.  118;  1913  c.  772  s.  123] 

Institute  conductors'  certificates.  Section  461w.  No  money  shall  be  paid  by  the 
county  or  district  superintendent  of  schools  for  the  services  of  any  instructor  or  lecturer 
or  to  any  person  from  the  appropriation  for  county  institutes,  unless  said  person  is  the 
holder  of  a  certificate  signed  by  the  state  superintendent  certifying  that  the  committee  on 
institutes  of  the  board  of  regents  of  normal  schools  approve  of  such  person  as  a  competent 
institute  conductor.     [1905  c.  476  s.  2;  Supl.  1906  s.  461n;  1907  e.  118;  1913  c.  772  s.  123] 

Distribution  of  fund.  Section  461o.  The  appropriation  referred  to  in  section  46]  m 
shall  be  distributed  among  the  counties  of  the  state  in  just  proportion  to  the  number  of 
teachers  actually  required  and  employed  in  the  territory  under  the  supervision  of  the 
county  or  district  superintendent  in  giving  instruction  in  the  schools  of  said  county  or  su- 
perintendent district  for  a  term  of  not  less  than  seven  months  during  each  year,  unless  fail- 
ure to  maintain  such  school  or  schools  for  such  term  shall  have  been  caused  by  the  destruc- 
tion of  the  sehoolhouse  or  by  the  order  of  the  school  district  board,  or  the  local  or  state 
board  of  health,  on  account  of  the  pi-evalence  of  a  contagious  disease.  [1905  c.  476  s.  3; 
Supl,  1906  s.  461o;  1907  c.  118;  1913  c.  772  s.  123] 

Statement  of  number  of  teachers ;  county  apportionment.  Section  461^.  The  county 
or  district  superintendent  of  schools  shall  between  the  first  and  tenth  days  of  July  in  each 
year  make  a  statement  upon  oath  to  the  state  superintendent,  giving  the  exact  number  of 
teachers  in  all  the  public  schools  of  his  district  when  they  are  all  in  session.  When  the 
sworn  statements  from  all  the  county  or  superintendent  districts  have  been  received  it  shall 
be  the  duty  of  the  state  superintendent  to  apportion  the  appropriation  mentioned  in  sec- 
tion 461m  among  the  different  counties  of  the  state  in  proportion  to  the  number  of  legally 
qualified  teachers  actually  engaged  in  teaching  under  the  provisions  and  restrictions  of 
this  chapter,  and  certify  said  sum  to  the  secretary  of  state,  who  shall  thereupon  draw  his 
orders  upon  the  state  treasury  in  favor  of  the  different  county  or  district  superintendents 
for  the  sum  so  certified.  [1905  c.  476  s.  4;  Supl.  1906  s.  461p;  1907  c.  118;  1913  c.  772 
s.  123] 

Account  of  expenditures.  Section  461g.  The  county  or  district  superintendent  shall 
keep  an  itemized  account  of  all  the  expenditures  made  from  the  appropriation  in  his  super- 

285 


Chap.  27  s.  461s]  [The  Common  Schools. 

intendent  district.  Said  account  to  accompany  the  statement  provided  for  in  section  461p. 
[1905  c.  476  s.  5;  Supl  1906  s.  461q;  1907  c.  118;  1911  c.  663  s.  26;  1913  e.  772  s.  123] 

Section  461r.     [Repealed  by  1915  c.  531] 

"Schools"  defined.  Section  461s.  The  singular  form  of  the  word  "schools"  as 
used  in  section  461r  shall  relate  to  a  public  school  only  and  shall  be  construed  to  be  a  col- 
lective body  of  pupils  assembled  in  a  room  which  is  wholly  or  principally  under  the  con- 
trol, management,  direction  and  instruction  of  a  legally  qualified  teacher  who  is  made 
wholly  or  chiefly  responsible  for  the  control,  management,  direction  and  instruction  of 
such  pupils  and  whose  duty  it  is  to  keep  a  complete  and  special  register  for  such  room  or 
department.     [1909  c.  256] 

REPORTS. 

Report  of  district  clerk.  Section  462.  It  shall  be  the  duty  of  the  district  clerk, 
between  the  tenth  and  twenty-fifth  days  of  July  in  each  year,  to  make  and  transmit  to 
the  county  or  city  superintendent,  a  written  report  bearing  date  as  of  the  thirtieth  day 
of  June,  of  such  year,  signed  by  him  and  verified  by  his  affidavit,  showing: 

First.  The  number,  names  and  ages  of  children,  male  and  female  designated  sepa- 
rately, over  the  -age  of  four  and  under  the  age  of  twenty  years  residing  in  the  district, 
and  the  names  of  their  parents,  guardians  or  other  persons  with  whom  such  children  re-, 
sided,  respectively,  on  the  last  day  of  June  preceding.  But  no  such  children  residing  in, 
held  or  cared  for  at  any  charitable  or  penal  institution  of  this  state  shall  be  included  in 
such  enumeration  or  report;  and  whenever  the  state  superintendent  shall  receive  informa- 
tion that  any  such  children  have  been  enumerated  in  the  school  census  of  any  school  dis- 
trict included  in  the  reports  made  to  him,  on  the  basis  of  which  apportionment  of  money 
from  the  school  fund  income  is  made,  he  may  require  from  the  district  clerk  or  the  secre- 
tary of  the  board  of  education  of  said  district  a  verified  statement  of  the  whole  number  of 
children  of  school  age  residing  in  the  district  not  excluded  by  the  provisions  of  this  sec- 
tion, in  such  form  and  manner  as  the  said  superintendent  may  prescribe.  Unless  the  cer- 
tificate herein  provided  for  shall  be  made  no  money  shall  be  apportioned  for  the  benefit 
of  said  school  district. 

Second.  The  whole  number  of  children,  males  and  females  designated  separately,  be- 
tween the  ages  of  four  and  twenty  years  taught  in  the  district  school  during  the  year  for 
which  such  report  is  made  by  teachers  duly  qualified. 

Third.  The  number  attending  school  during  the  year  under  the  age  of  four  and  the 
number  over  the  age  of  twenty  years. 

Fourth.  The  whole  time,  in  clays,  any  common  school  has  been  taught  in  the  district, 
including  holidays,  and  the  whole  number  of  days  such  school  has  been  taught  by  teach- 
ers qualified  according  to  law,  including  holidays,  and  the  days  the  teachers  may  have- 
attended  an  institute  during  the  year  while  the  school  was  in  session  for  which  no  deduc- 
tion in  wages  was  made  by  the  district  board. 

Fifth.  The  names  of  all  teachers  employed  during  the  year,  the  number  of  days  taught 
by  each,  including  holidays,  and  the  monthly  wages  paid  to  each,  and  the  time  allowed 
any  teacher  for  attendance  on  any  institute  for  which  no  wages  were  deducted. 

Sixth.  The  amount  of  money  received  from  the  town  treasurer  during  the  year,  desig- 
nating separately  the  amount  received  from  apportionment  of  the  school  fund  income, 
the  amount  received  from  tax  levied  by  county  board  of  supervisors,  the  amount  re- 
ceived from  tax  voted  by  the  district,  and  the  amount  received  from  all  other  sources  dur- 
ing the  year,  and  the  manner  in  which  the  same  has  been  expended,  showing  separately 
the  expenditure  of  school  money  received  from  the  state. 

Seventh.  Such  other  facts  and  statistics  in  relation  to  the  schools,  public  or  private,  in 
such  district  as  the  state  superintendent  may  from  time  to  time  require.  The  clerk  of  each 
joint  district  shall  report  to  the  county  or  city  superintendent,  as  the  case  may  be,  the  num- 
ber of  children  residing  in  each  part  of  the  several  towns,  villages  or  cities  embraced  in 
such  joint  districts.  He  shall  also  report  the  amount  of  the  indebtedness  of  the  district. 
Upon  filing  with  the  county  superintendent  within  the  time  set  by  law,  a  complete  and  sat- 
isfactory annual  report  setting  forth  all  the  facts  required  by  law  to  be  reported  to  the 
county  or  city  superintendent,  and  such  other  information  as  may  be  called  for  by  either 
t  he  county  or  city  superintendent,  the  school  district  clerk  in  a  school  district  maintaining 
one  or  more  schools  in  one  or  more  separate  school  buildings  and  not  containing  an  incor- 
porated village  or  city,  and  having  a  sehool  census  of  one  hundred  persons  or  less  shall  be 
paid  from  any  moneys  in  the  general  fund  of  the  school  district  treasury  of  which  he  is  the 
clerk,  the  sum  of  ten  dollars  for  each  one-room  school  maintained  by  the  district ;  provided, 
that  such  schools  are  more  than  a  mile  and  a  half  apart,  the  distance  to  be  measured  by  the 
nearest  traveled  highway.     In  a  school  district  maintaining  one  or  more  separate  schools  in 

286 


Chap.  27  s.  462«]  [The  Common  Schools. 

separate  buildings  and  not  containing  an  incorporated  village  or  city  and  having  a  school 
census  of  more  than  one  hundred  persons  and  less  than  two  hundred  persons,  twenty  dollars 
for  the  first  school  and  an  additional  ten  dollars  for  each  separate  school  maintained  in  a 
separate  building  by  the  district,  provided,  that  such  schools  are  more  than  a  mile  and  a  half 
apart,  the  distance  to  be  measured  by  the  nearest  traveled  highway.  In  a  school  district 
maintaining  one  or  more  separate  schools  in  separate  buildings  and  not  containing  an  incor- 
porated village  or  city  and  having  a  school  census  of  more  than  two  hundred  persons  and 
less  than  three  hundred  persons,  thirty  dollars  for  the  first  school  and  an  additional  ten  dol- 
lars for  each  separate  school  maintained  in  a  separate  building  by  the  district;  provided, 
that  such  schools  are  more  than  a  mile  and  a  half  apart,  the  distance  to  be  measured  by  the 
nearest  traveled  highway ;  and  in  school  districts  having  a  school  census  of  more  than  three 
hundred  persons  of  school  age,  or  containing  an  incorporated  village  or  city,  such  sum  as 
the  body  electing  the  school  board  of  such  school  district  may  direct ;  provided,  such  school 
clerk  shall  file  with  the  district  treasurer  a  certificate  signed  by  the  county  or  city  super- 
intendent of  schools  setting  forth  that  the  school  census  for  the  year  was  properly  taken, 
and  that  all  reports  required  by  law  to  be  made  by  school  district  clerks  have  been  filed 
and  approved.  [1863  c.  155  s.  43,  44;  1867  c.  30,  111  s.  3,  4;  1869  e.  151  s.  43;  1871  c.  101 
s.  1;  1871  c.  169  s.  2;  1878  c.  172,  178;  R.  S.  1878  s.  462;  1879  c.  107;  1882  c.  72  s.  2; 
1883  c.  298  s.  2;  1889  c.  155,  370;  Ann.  Stats.  1889  s.  462;  1897  c.  354;  Stats.  1898  s.  462; 
1913  c.  448,  765] 

School  district  clerks;  annual  reports;  meeting  to  perfect.  Section  462a.  In  addi- 
tion to  the  duties  of  the  clerks  of  the  several  school  districts  of  the  state  relating  to  taking 
the  census  of  the  school  children  as  now  provided  by  law,  said  clerks  shall  also  report 
the  names  of  the  children  in  their  respective  districts  and  the  age  of  each  of  them  over 
the  age  of  four  and  under  the  age  of  twenty  years.  School  district  clerks  shall  also  meet 
with  the  town  clerk  of  the  town  in  which  the  schoolhouses  in  their  respective  districts  are 
located  at  a  time  and  place  specified  in  a  notice  given  by  the  town  clerk,  for  the  purpose 
of  perfecting  the  annual  school  district  reports.  Such  clerks  shall  also  report  the  amount 
of  the  indebtedness  of  their  respective  districts.  [1887  c.  95;  Ann.  Stats.  18S9  s.  462a; 
1897  c.  354;  Stats.  1S98  s.  462a;  1907  c.  441] 

Town  clerk's  school  report;  district  superintendent  to  have  two  copies.  Section  463. 
Each  town  clerk  shall,  on  or  before  the  first  day  of  August  in  §ach  year,  make  and  trans- 
mit to  the  county  or  district  superintendent  of  the  county  or  district  in  which  his  town  is 
situated  two  copies  of  a  report,  stating: 

(1)  The  whole  number  of  school  districts  separately  set  off  within  the  town,  and  the 
number  of  parts  of  joint  districts  in  which  the  schoolhouses  belonging  thereto  are  located 
in  his  town.  [1854  c.  80  s.  44;  R.  S.  1858  c.  23  s.  46;  1863  c.  153  s.  57;  R.  S.  1878  s.  463; 
1882  c  72  s.  2;  1883  c.  293  s.  3;  18S9  c  156;  Ann.  Stats.  1889  s.  463;  1897  c.  354;  Stats. 
189S  s.  463;  1907  c.  185;  1913  c.  448] 

Superintendent's  report.  Section  464.  1.  Each  county  superintendent  shall,  on 
or  before  the  fifteenth  day  of  September  in  each  year,  make  and  transmit  to  the  state  su- 
perintendent a  report  in  writing,  setting  forth  the  whole  number  of  districts,  the  school- 
houses  of  which  are  in  his  county  or  superintendent  district,  distinguishing  those  from 
which  the  required  reports  have  been  made  to  him  by  the  district -clerks,  and  containing 
an  abstract  of  their  reports,  and  also  embracing  an  abstract  of  the  annual  report  of  the 
secretary  of  each  free  high  school  in  such  district,  and  such  other  facts  and  statistics  as 
may  be  required  by  the  state  superintendent. 

2.  Each  county  superintendent  shall  also,  within  the  time  above  mentioned,  make  and 
deliver  to  the  county  clerk  and  to  the  county  treasurer  a  written  statement  of  the  whole 
number  of  children  in  each  town,  village  and  city  under  his  supervision  over  the  age  of 
four  and  under  the  age  of  twenty  years  returned  from  the  districts  which  have  maintained 
schools  for  eight  or  more  months  during  the  past  year  as  appears  from  the  reports  of  dis- 
trict clerks.  It  shall  be  the  duty  of  the  county  superintendent,  on  or  before  the  tenth 
day  of  June  in  each  year,  to  send  to  eaeh  school  district  clerk  in  his  district  the  necessary 
blanks  upon  which  the  school  census  and  other  facts,  as  may  be  required  in  section  462, 
may  be  reported.  It  shall  be  the  duty  of  the  state  superintendent,  on  or  before  the  first 
day  of  June  in  each  year,  to  furnish  each  county  and  city  superintendent  with  the  neces- 
sary blanks  upon  which  the  reports  called  for  in  section  462  may  be  made  by  the  several 
school  district  clerks  in  the  several  counties  of  the  state. 

3.  It  shall  be  the  duty  of  the  state  superintendent,  on  receipt  of  a  satisfactory  annual 
report  within  the  time  specified  by  law,  to  issue  to  each  county  or  district  superintendent  a 
certificate  setting  forth  the  fact  that  the  annual  report  required  in  this  section  has  been 
made,  filed  and  approved  within  the  time  specified  by  law. 

287 


Ciiap.  27  s.  465]  [The  Common  Schools. 

4.  It  shall  be  the  duty  of  the  county  clerk,  when  presented  with  the  certificate  author- 
ized in  subsection  3,  immediately,  without  action  of  the  county  board  of  supervisors,  to 
draw  an  order  on  the  county  treasurer  in  favor  of  the  county*  superintendent  for  twenty- 
five  dollars  in  county  or  superintendent  districts  containing  fifty  or  less  school  districts; 
fifty  dollars  in  superintendent  districts  containing  more  than  fifty  and  less  than  one  hun- 
dred school  districts;  seventy-five  dollars  in  superintendent  districts  containing  more  than 
one  hundred  and  less  than  one  hundred  and  fifty  school  districts,  and  one  hundred  dollars 
in  superintendent  districts  containing  more  than  one  hundred  and  fifty  school  districts.  It 
shall  be  the  duty  of  the  county  ti'easurer  to  pay  such  amounts  as  may  be  certified  by  the 
county  clerk  from  any  money  in  the  general  fund  of  the  county  not  otherwise  appropri- 
ated. [1854  c.  80  s.  72,  73;  E.  S.  1858  c,  23  s.  74,  75;  1863  c.  155  s.  98,  99;  1868  c.  108 
s.  3;  E.  S.  1878  s.  464;  1882  c.  72  s.  3;  1883  c.  298  s.  4;  1889  c.  154;  Ann.  Stats.  1889 
s.  464;  1897  c.  354;  Stats.  1898  s.  464;  1913  c.  448] 

Reports  from  cities  and  villages.  Section  465.  In  all  cities  having  a  city  super- 
intendent of  schools  and  which  are  not  under  the  jurisdiction  of  a  county  superintendent, 
such  superintendent  of  schools  shall  make  the  annual  report  required  by  section  464  di- 
rectly to  the  state  superintendent.  [1863  c.  62  s.  9;  1863  c.  155  s.  139;  1870  c.  28  s.  1,  2; 
E.  S.  1878  s.  465;  Ann.  Stats.  1889  s.  465;  1897  c.  354;  Stats.  1898  s.  465;  1913  c.  448] 

Blanks  and  amendments  to  laws.  Section  466.  The  state  superintendent  shall,  on 
or  before  the  first  day  of  June  in  each  year,  furnish  to  each  clerk,  superintendent  or  other 
officer  by  whom  a  report  should  be  made,  blank  forms  upon  which  such  officers  shall  make 
their  annual  reports;  and  whenever  any  amendments  shall  be  made  to  the  provisions  of 
this  chapter  he  shall  furnish  a  copy  of  such  amendments  to  every  school  district  in  the 
state.  [1863  c.  155  s.  141,  142;  1870  c.  128  s.  3;  E.  S.  1878  s.  466;  Ann.  Stats.  1889 
s.  466;  1897  c.  354;  Stats.  1898  s.  466] 

duties  of  town  officers  as  to  public  instruction. 

Clerk's  duties.     Section  467.    It  shall  be  the  duty  of  the  town  clerk: 
(1)   To  report  to  the  county  superintendent  within  ten  days  after  his  election  or  ap- 
pointment his  name  and  post-office  address,  and  likewise  the-  name  and  post-office  address 
of  each  district  clerk  within  ten  days  after  the  same  are  filed  in  his  office., 
(la)  and  (2).     [Eepealed  by  1913  c.  448] 

(3)  To  record  such  description  of  school  districts,  and  such  orders  concerning  the 
organization,  alteration  or  dissolution  thereof  as  shall  be  made  by  the  town  board. 

(4)  To  make  and  keep  in  his  office  a  map  of  the  town,  showing  the  exact  boundaries 
of  all  the  school  districts  therein  as  appear  from  the  records  on  file,  and  when  a  new  dis- 
trict is  formed  to  make  and  furnish  a  map  thereof  to  the  district  clerk. 

"(5)  To  apportion  the  school  money  collected  by  the  town  and  that  received  from  the 
state  for  the  several  school  districts  of  the  town  on  the  third  Monday  of  March  each  year, 
or  as  soon  as  the  same  shall  be  collected  or  received  by  the  town  treasurer,  to  the  several 
districts  and  parts  of  districts  within  the  town  as  provided  in  these  statutes.  [1854  c.  80 
s.  43;  E.  S.  1858  c.  23  s.  45;  1863  c.  62  s.  6;  1863  c.  155  s.  58;  E.  S.  1878  s.  467;  Ann. 
Stats.  1889  s.  467;  1397  c.  354;  Stats.  1898  s.  467;  1907  c.  322;  1913  c.  448] 

Treasurer's  duties.     Section  468.    It  shall  be  the  duty  of  the  town  treasurer: 

(1)  To  apply  for  and  receive  from  the  county  treasurer  all  moneys  apportioned  for 
the  use  of  common  schools  in  his  town  and  to  pay  the  same,  together  with  all  moneys  col- 
lected in  the  town  for  the  support  of  the  schools,  to  the  treasurers  of  the  districts  entitled 
to  receive  them  upon  the  order  or  apportionment  of  the  town  clerk. 

(2)  To  pay  to  the  district  treasurer  on  demand  all  school  district  taxes  raised  in  each 
district  and  collected  by  him,  and  the  amount  of  all  school  district  taxes  returned  to  the 
county  treasurer  of  his  county  as  delinquent,  whenever  the  same  shall  have  been  paid  to 
him  by  said  county  treasurer  or  whenever  he  shall  receive  credit  from  the  county  treasurer 
for  such  delinquent  tax  or  any  part  thereof  on  account  of  any  demand  or  claim  due  from 
such  town  to  such  county. 

(3)  On  or  before  the  second  Monday  of  March  in  each  year  to  certify  to  the  town 
elerk  the  amount  of  school  money  in  his  hands  to  be  apportioned  by  said  clerk,  and  imme- 
diately upon  the  receipt  of  any  money  from  the  school  fund  income  to  certify  the  same  to 
the  said  clerk  for  apportionment. 

(4)  On  the  second  Monday  of  June  in  each  year,  to  make  and  forward  to  the  clerk 
of  each  school  district,  in  whole  or  in  part  in  his  tow«,  a  certified  statement  of  the  amount 
of  money  paid  by  the  town  treasurer  during  the  year  next  preceding  to  such  district 
treasurer,  specifying  the  date  and  amount  of  and  the  account  upon  which  each  such  pay- 
ment was  made. 

288 


Chap.  27  s.  469]  [The  Common  Schools. 

(5)  If  the  county  treasurer  shall  neglect  or  refuse  to  pay  over  the  school  money  which 
by  law  should  be  paid  to  the  town  treasurer,  he  shall  commence  and  prosecute  an  action 
on  the  official  bond  of  such  county  treasurer  for  the  recovery  of  such  money.  [1854  c.  80 
s.  43;  R.  S.  1858  c.-23  s.  36,  45,  95;  1863  c.  155  s.  56, 133;  1874  c.  46;  R.  S.  1878  s.  468; 
Ann,  Stats.  1889  s.  468;  1897  c.  354;  Stats.  1898  s.  46 S;  1901  c.  119  s.  1;  Supl.  1906 
s.  468/1907  c,  118] 

ASSESSMENT  AND  COLLECTION  OF  DISTRICT  TAXES. 

Assessment.  Section  469.  All  school  district  taxes,  unless  otherwise  specially  pro- 
vided by  law,  shall  be  assessed  on  the  same  kinds  of  property  as  taxes  for  town  and 
county  purposes;  and  all  personal  property  which,  on  account  of  its  location  or  the  resi- 
dence of  its  owner,  is  taxable  in  the  town  shall,  if  such  locality  or  residence  be  in  the 
school  district,  be  likewise  taxable  for  school  district  purposes.  [1863  c.  155  s.  77;  R.  S. 
1878  s.  469;  Ann.  Stats.  1S89  s.  469;  1897  c.  354;  Stats.  1S9S  s.  469] 

Valuation  of  realty.  Section  470.  Whenever  any  real  estate  in  any  school  district 
shall  not  have  been  separately  valued  in  the  assessment  roll  of  the  town,  and  the  valuation 
of  such  real  estate  cannot  be  definitely  ascertained  from  such  assessment  roll,  the  town 
clerk  shall  estimate  the  value  of  the  same  in  proportion  to  the  valuation  affixed  in  said 
assessment  roll  to  the  whole  tract  of  which  such  lot  or  piece  of  land  forms  a  part.  [1854 
c.  80  s.  69;  R.  S.  185S  c.  23  s.  68;  1S63  e.  155  s.  74;  R.  S.  1378  s.  470;  Ann.  Stats.  1889 
s.  470;  1397  c.  354;  Stats.  1898  s.  470] 

Joint  school  districts;  assessments  equalized  only  on  petition;  forfeits  for  nonattend- 
ance.  Section  471.  1.  The  relative  valuation  of  taxable  property  in  the  several  parts 
of  any  joint  school  district  or  of  any  joint  high  school  district,  shall  not  be  equalized  ex- 
cept as  herein  provided.  At  any  time  prior  to  the  fifteenth  day  of  October  of  any  year 
any  three  freeholders  resident  in  that  part  of  any  town,  city  or  village  forming  a  part  of 
any  joint  school  district,  or  forming  a  part  of  any  high  school  district,  or  if  the  number  of 
freeholders  in  such  part  of  any  town,  city  or  village  be  less  than  three  then  all  of  such  free- 
holders, may  file  with  the  clerk  of  such  district  a  petition  praying  for  an  equalization  of 
the  relative  valuation  of  taxable  property  in  the  several  parts  of  such  district.  The  clerk 
shall  thereupon  and  prior  to  October  twenty-fifth  of  such  year  notify  in  writing  the  asses- 
sor of  every  town,  city  and  village  in  part  embraced  in  such  district  to  meet  as  provided 
in  subsection  2  of  this  section. 

2.  The  said  assessors  shall  meet  at  the  district  schoolhouse  with  their  respective  assess- 
ment rolls  at  the  time  designated  in  such  notice  for  the  purpose  of  comparing  and  investi- 
gating the  assessed  valuation  of  the  taxable  property  in  the  several  parts  of  such  district 
separated  by  town,  city  or  village  lines  and  shall  determine  whether  the  assessed  valuation 
of  such  property  on  the  assessment  rolls  be  just  or  not. 

3.  If  considered  unjust,  they  shall  determine  the  relative  aggregate  valuation  of  said 
property  in  the  parts  of  the  district  in  the  several  towns,  cities  or  villages  comprising  it 
and  the  proportion  of  district  taxes  to  be  levied  upon  the  property  in  each  of  the  several 
parts.  If  necessary,  the  assessors  may  view  and  inspect  the  taxable  property  in  the  dif- 
ferent parts  of  the  district  and  may  examine  the  owners  and  other  persons  under  oath  as 
to  the  value  thereof.  The  school  district  clerk  shall  attend  such  meeting  and  keep  a  record 
of  the  proceedings.  A  majority  of  such  assessors  shall  constitute  a  quorum  for  the  per- 
formance of  the  duties  prescribed  in  this  section. 

4.  If  any  assessor  shall  be  absent  from  such  meeting  in  attendance  upon  a  like  meet- 
ing in  some  other  joint  district,  and  shall  give  information  of  the  fact  to  such  clerk,  or  if 
for  other  reasons  there  shall  be  no  quorum  of  assessors,  the  meeting  shall  be  adjourned  to 
such  time  as  may  be  necessary  to  enable  all  or  a  majority  of  such  assessors  to  be  present, 
and  in  such  ease  the  clerk  shall  give  notice  of  such  adjournment  to  each  assessor  not  then 
present  in  time  to  enable  him  to  attend  such  adjourned  meeting.  Further  adjournments 
may  be  taken  if  necessary,  until  the  duties  imposed  by  this  section  shall  have  been  j:>er- 
formed;  and  if  for  any  reason  there  shall  be  failure  to  perform  such  duties  without  ad- 
journment to  a  fixed  time,  the  clerk  shall  call  another  meeting  at  a  time  fixed  by  him; 
provided,  that  final  action  by  said  assessors  under  this  section  shall  be  taken  not  later 
than  the  first  day  of  November  in  the  same  year.  The  town,  city  and  village  clerks  shall 
allow  the  assessors  to  take  and  use  the  assessment  rolls  in  the  discharge  of  their  duties 
under  this  section. 

5.  If  the  assessors  cannot  agree,  they  shall  call  to  their  aid  the  assessor  of  incomes  of 
the  county,  whose  vote  shall  decide  the  controversy.  The  determination  when  made  shall 
be  certified  in  writing  to  the  district  clerk. 

6.  If  any  assessor  or  other  officer  shall  refuse  or  neglect  to  perform  the  duties  hereby 
Imposed,  or  to  act  when  called  upon  as  herein  provided,  he  shall  forfeit  not  less  than  ten 

19  289 


Chap.  2/  s.  4*2]  [The  Common  Schools. 

nor  more  than  one  hundred  dollars.  [R.  S.  1858  c.  23  s.  69;  1863  c.  155  s.  75;  1871  c.  98 
s.  1;  R.  S.  1878  s.  471;  Ann.  Stats.  1889  s.  471;  1897  c.  354  s.  471;  Stats.  1898  s.  471; 
1905  c.  307  s.  1;  Sitpl.  1906  s.  471;  1907  c.  90, 118;  1913  c.  406]   ' 

Statement  as  to  taxes.  Section  472.  Each  district  clerk  shall,  on  or  before  the 
third  Monday  of  November  in  each  year,  deliver  to  the  town  clerk  a  statement  in  writing, 
verified  by  his  affidavit,  showing  the  amount  of  taxes  voted  to  be  raised  at  the  last  annual 
meeting  or  at  the  first  meeting  after  the  organization  of  the  district,  or  both,  as  the  case 
may  require,  and  all  of  the  taxes  voted  at  any  special  meeting  held  during  the  then  next 
preceding  year,  and  also  the  amount  of  tax  therefor  voted  to  be  collected  in  such  year,  if 
any,  for  the  annual  payment  of  any  loan,  and  also  the  amount  to  be  paid  by  such  district, 
if  any,  under  the  provisions  of  section  421.  In  case  of  a  joint  district  he  shall  deliver  to 
the  clerk  of  each  town,  city  or  village  in  which  any  part  of  the  district  is  situated  a  state- 
ment so  verified  showing  the  proportion  of  such  taxes  to  be  assessed  in  that  part  of  the 
district  within  such  town.  If  such  proportion  shall  not  have  been  determined  as  provided 
in  the  last  preceding  section  it  shall  be  ascertained  from  the  valuation  contained  in  the 
last  assessment  rolls  of  the  respective  towns,  city  or  village;  and  to  that  end  the  clerk  of 
each  such  municipality  shall,  on  or  before  the  last  Monday  in  September  in  each  year, 
deliver  to  the  district  clerk  a  certified  statement  of  the  valuation  of  the  real  and  personal 
property  in  that  part  of  such  district  lying  therein  as  the  same  appears  from  said  assess- 
ment roll.  [1854  c.  80  s.  33;  R.  S.  1858  c.  23  s.  34;  1863  c.  62  s.  4;  1863  c.  155  s.  62; 
1869  c.  81  s.  1;  R.  S.  1878  s.  472;  1881  c.  305;  1885  c.  241;  Ann.  Stats.  1889  s.  472;  1897 
e.  354;  Slats.  1898  s.  472] 

Assessment  by  town  clerk.  Section  473.  The  town  clerk  shall  assess  the  taxes  so 
certified  upon  the  property  liable  thereto,  placing  the  same  in  a  separate  column  in  the 
next  tax  roll  of  his  town,  whenever  so  certified,  before  he  shall  have  delivered  the  roll  to 
the  town  treasurer  for  collection,  although  after  the  third  Monday  of  November;  if  any 
such  shall  not  be  assessed  in  the  next  tax  roll  after  being  voted  it  shall  be-assessed  in  that 
of  the  next  succeeding  year.  Such  taxes  shall  be  collected  or  returned  delinquent  by  the 
town  treasurer  and  collected  by  the  county  treasurer  in  all  respects  like  other  taxes. 
[1854  c.  80  s.  34;  R.  S.  1858  c.  23  s.  35;  1863  c.  155  s.  63;  1866  c.  Ill  s.  7;  1871  c.  169 
s.  4;  R.  S.  1878  s.  473;  Ann.  Stats.  1889  s.  473;  1897  c.  354;  Stats.  1898  s.  473] 

borrowing  money. 

When;  security.  Section  474.  Whenever  upon  any  unusual  exigency  any  sehool 
district  shall,  before  the  annual  meeting,  vote  a  special  tax  to  be  collected  with  the  next 
levy,  the  district  may  by  vote  authorize  the  district  board  to  borrow,  for  a  period  not 
exceeding  one  year,  a  sum  not  exceeding  the  amount  of  such  tax,  and  by  such  vote  set 
apart  such  tax  when  collected  to  repay  such  loan;  and  thereupon  the  district  board  may 
borrow  such  money  of  any  person,  and  on  such  terms,  and  execute  and  deliver  to  the 
lender  such  obligation  therefor  and  such  security  for  the  repayment,  including  a  mortgage 
or  pledge  of  any  real  or  personal  property  of  the  district,  subject  to  the  directions  con- 
tained in  the  vote  of  the  district,  as  may  be  agreed  upon  and  not  prohibited  by  law. 
[R.  S.  1878  s.  474;  Ann.  Stats.  1889  s.  474;  1897  c.  354;  Stats.  1898  s.  474] 

Loans  for  teachers'  wages  and  usual  expenses.  Section  474a.  Any  school  district 
may,  by  vote,  at  any  annual,  or  lawfully  called  special  meeting,  authorize  the  district 
board  to  borrow  money  for  a  period  not  exceeding  six  months,  for  the  purpose  of  paying 
teachers'  wages  and  usual  school  expenses,  not  exceeding  the  amount  of  district  taxes 
voted  for  such  purposes  at  such  meeting,  to  be  collected  with  the  next  levy. 

Board  to  deliver  order  to  lender;  interest.  Any  district  board,  after  being  so  author- 
ized, may  borrow  such  money  of  any  person  for  not  exceeding  six  months,  and  deliver  to 
the  lender  thereof  an  order  on  the  district  treasurer  for  the  amount  so  borrowed,  payable 
on  or  before  six  months  after  date  thereof,  and  drawing  interest  from  date  thereof  not 
exceeding  seven  per  cent  per  annum.     [1901  c.  40  s.  1,  2;  Supl.  1906  s.  474a;  1907  c.  118] 

Borrowing  money  for  purchase  of  schoolhouse  site  or  playground.  Section  4746. 
The  electors  of  any  common  school  district,  or  town  free  high  school  district,  or  union  free 
high  school  district,  assembled  at  any  special  or  annual  .meeting,  regularly  called  are 
hereby  empowered  to  authorize  the  board  to  borrow  money  from  some  firm,  corporation 
or  individual,  or  from  the  trust  funds,  for  the  purpose  of  purchasing  a  schoolhouse  site  or 
a  school  playground,  said  loan  to  be  made  for  a  period  of  not  to  exceed  two  years  at  a 
rate  of  interest  not  to  exceed  seven  per  cent.     [1915  c.  329] 

Loans;  referendum;  ballots;  bonds,  mortgages,  etc.;  curative.  Section  475.  For 
the  purpose  of  aiding  in  the  erection  or  purchasing  of  a  schoolhouse  any  school  district 
whether  organized  under  general  law,  special  law  or  charter,  may,  by  vote  of  the  electors 

290 


Chap.  27  s.  4<6j  [The  Common  Schools. 

at  any  annual  or  special  meeting,  called  for  that  purpose  authorize  the  district  board, 
school  board  or  board  of  education  to  borrow  money,  to  an  amount  which  shall  not  in  any 
way  exceed  the  limitations  now  provided  by  general  law.  The  resolution  to  be  voted  upon 
shall  be  in  writing,  specifying  the  amount  to  be  borrowed,  the  rate  of  interest,  and  the 
time  and  manner  of  payment,  which  shall  be  in  annual  instalments,  or  otherwise,  the  last 
of  which  shall  be  payable  in  not  exceeding  fifteen  years  from  the  first  day  of  February 
next  ensuing.  Such  resolution  shall  be  read  to  the  meeting  and  the  vote  taken  thereon  by 
ballot.  The  ballots  shall  be  written  or  printed,  those  in  favor  of  the  loan :  "For  the  loan," 
those  opposed :  "Against  the  loan."  The  resolution  and  the  vote  shall  be  recorded,  and  if 
adopted  by  a  majority,  the  district  board,  school  board  or  board  of  education  shall  be 
thereupon  authorized  to  borrow  such  sum  of  any  person  on  such  terms,  and  execute  and 
deliver  to  the  lender  such  obligation  therefor  and  such  security  for  payment,  including  a 
mortgage  or  pledge  of  any  real  or  personal  property  of  the  district,  subject  to  the  direction 
•contained  in  the  resolution  voted,  as  may  be  agreed  upon,  not  prohibited  by  law,  and  shall 
also  levy  a  tax  to  be  annually  collected  thereafter,  sufficient  to  pay  the  interest  annually 
on  such  loan  and  the  annual  instalments  of  the  principal,  provided  to  be  paid  in  each  year. 

Any  bonds  issued  by  any  such  school  district,  to  secure  any  loan  which  bonds  shall  have 
been  issued  in  conformity  to  law,  including  the  provisions  of  this  section,  as  amended  are 
hereby  declared  to  be  and  are  valid  claims  and  liens  against  the  school  district  so  issuing 
the  same.  [1857  c.  15  s.  1,  2;R.  S.  1858  c.  23  s.  100,  101;  1863  c.  58  s.  114,  115;  R.  S. 
1878  s.  475;  Ann.  Stats.  1889  s.  475;  1897  c.  354;  Stats.  1893  s.  475;  1905  c.  172;  Supl. 
1906  s.  475;  1907  c.  118;  1915  c.  226] 

Use  of  funds;  vote  final.  Section  476.  The  money  borrowed  under  authority  of 
either  of  the  last  two  preceding  sections  shall  be  paid  into  the  district  treasury  and  be 
expended  only  for  the  purposes  for  which  it  was  voted  or  borrowed.  After  any  such  loan 
shall  have  been  made  no  power  shall  exist  to  rescind  or  reconsider  any  such  vote  or  ob- 
struct the  collection  of  such  tax;  and  the  district  treasurer  shall  apply  every  such  tax 
when  received  by  him  exclusively  to  the  payment  of  such  debt  so  far  as  necessary  to  dis- 
charge the  amount  to  which  such  tax  was  devoted.  [1863  c.  155  s.  115;  R.  S.  1378  s.  476; 
Ann.  Stats.  1889  s.  476;  1S97  c.  354;  Stats.  1898  s.  476] 

Loan  to  refund  indebtedness.  Section  476a.  1.  Any  school  district  may,  by  vote  at 
an  annual  or  special  meeting,  authorize  the  district  board  to  borrow  money  for  the  purpose 
of  refunding  its  indebtedness.  A  written  resolution  shall  be  read  at  such  meeting  speci- 
fying the  amount  to  be  borrowed,  the  rate  of  interest  and  the  amount  of  each  instalment 
of  principal  and  time  when  it  shall  be  paid.  The  last  instalment  shall  be  payable  in  not 
exceeding  twenty  years  from  the  time  the  indebtedness  was  originally  contracted.  The 
vote  on  such  resolution  shall  be  taken  by  ballot,  and  voters  favoring  its  adoption  shall 
cast  a  ballot  on  which  shall  be  the  words  "For  the  loan,"  those  opposed  a  ballot  on  which 
shall  be  the  words  "Against  the  loan."  If  a  majority  of  the  votes  cast  are  in  favor  of  the 
loan  the  board  may  borrow  the  specified  amount  on  such  terms  as  may  be  agreed  upon 
•conformably  with  such  resolution  and  not  prohibited  by  law,  and  execute  the  bonds  or 
other  obligations  of  the  district  for  such  sum.  The  district  shall  levy  a  tax  to  be  collected 
annually  thereafter  sufficient  to  pay  the  annual  interest  on  such  loan  and  the  instalment  of 
the  principal  to  be  paid  in  any  year.  After  any  such  loan  shall  have  been  made  such  vote 
shall  not  be  rescinded  or  reconsidered,  nor  shall  the  collection  of  such  tax  be  obstructed, 
and  the  tax  when  collected  shall  be  applied  exclusively  to  the  payment  of  such  indebted- 
ness. The  money  so  borrowed  shall  be  paid  to  the  treasurer  and  shall  be  expended  solely 
for  the  purpose  for  which  it  was  borrowed. 

2.  In  counties  containing  a  population  of  one  hundred  and  fifty  thousand  or  more 
any  school  district  may  also  authorize  the  district  board,  school  board,  or  board  of  educa- 
tion, to  borrow  money  for  the  purpose  of  purchasing  or  paying  for  a  schoolhouse  site,  or 
an  addition  thereto,  to  an  amount  not  exceeding  a  sum  which  shall  be  certified  to  by  the 
town  board  of  the  town,  or  the  village  board  of  the  village,  in  which  such  site  is  situated, 
as  being  necessary  for  that  purpose,  and  thereupon  such  district  board,  school  board  or 
board  of  education  shall  have  the  authority  to  execute  bonds  or  other  evidences  of  indebt- 
edness, and  to  annually  levy  a  tax  for  the  repayment  of  such  indebtedness  and  interest, 
in  the  manner  and  under  the  restrictions  provided  in  sections  475  and  476.  [1887  c.  231; 
Ann.  Stats.  1889  s.  476a;  1897  c.  354;  Stats.  1898  s.  476a;  1913  c.  547] 

SCHOOLHOUSE   sites. 

How  obtained.  Section  477.  1.  Whenever  a  school  district  shall  have  designated, 
by  a  majority  vote  of  the  electors  thereof  present  at  an  annual  meeting,  or  at  a  special 
meeting  called  for  that  purpose,  a  schoolhouse  site,  or  an  addition  thereto,  and  shall  be 
unable  to  obtain  the  same  on  account  of  the  refusal  of  the  owner  to  sell  or  lease  the  same 

291 


■Chap.  2/  s.  478J  [The  Common  Schools. 

■  for  a  just  and  reasonable  compensation,  or  on  account  of  his  being  a  nonresident,  or  un- 
known, the  district  board,  when  directed  so  to  do  by  a  majority  vote  of  the  electors  at 
such  district  meeting  shall  make  application  to  the  town  board  or  boards  of  supervisors  of 
the  town  or  towns  interested,  to  locate  and  establish  the  site  or  any  addition  thereto  so 
designated;  provided  that  every  such  schoolhonse  site  or  any  schoolhouse  site  obtained  by 
purchase  or  grant  shall  be  located  and  established  abutting  on  a  public  highway  or  street, 
and  that  no  schoolhouse  shall  hereafter  be  erected  on  any  site  unless  at  the  time  of  erection 
such  site  shall  abut  on  a  public  highway  or  street. 

2.  Whenever  any  such  schoolhouse  site  or  addition  thereto,  so  designated  by  a  school 
district,  shall  lie  within  the  limits  of  an  incorporated  village,  then  the  application  to  locate 
and  establish  such  site,  or  any  addition  thereto,  herein  mentioned  and  described,  shall  be 
made  to  the  village  board  of  such  village,  and  all  subsequent  proceedings  described  in  this 
section  and  in  sections  478,  479,  480,  481  and  483,  as  being  had  before  the  town  boards, 
shall  be  had  before  the  village  board  of  said  village.  [1863  c.  155  s.  78,  85;  1864  c.  4.34 
s.  4;  1868  c.  151;  1869  c.  169  s.  6;  R.  S.  1878  s.  477;  Ann.  Stats.  1SS9  s.  477;  1897  c.  354; 
Stats.  1898  s.  477;  1909  c.  171;  1911  c.  488;  1913  c.  547] 

Notice  to  landowner.  Section  478.  Whenever  any  such  application  shall  be  made  to 
the  town  board  said  board  shall  make  and  sign  a  notice  in  writing  of  such  application, 
containing  a  description  of  the  land  upon  which  it  is  proposed  to  locate  such  a  site  or 
addition  and  the  time  and  place  when  and  where  they  will  meet  to  decide  upon  the  same. 
Such  notice  shall  be  served  or  caused  to  be  served  by  the  district  clerk  upon  all  the  occu- 
pants of  such  land  and  all  the  owners  thereof  whol  are  known  and  are  residents  of  this 
state  at  least  six  days  previous  to  the  day  fixed  for  such  meeting.  Such  notice  shall  be 
served  by  delivering  a  copy  thereof  to  each  such  occupant  and  owner  or  by  leaving  the 
same  at  their  respective  residences  with  some  person  of  suitable  age  and  discretion ;  and 
if  the  owner  or  owners  of  said  land  be  unknown  to  said  board  or  shall  reside  without  this 
state  then  such  notice  may  be  served  by  publishing  the  same  in  the  newspaper  published 
nearest  said  land  once  in  each  week  for  six  successive  weeks  next  before  the  said  day  of 
meeting.  [1860  c.  320  s.  3;  1863  c.  155  s.  80;  R.  S.  1878  s.  478;  Ann.  Stats.  1889  s.  478; 
1897  e.  354;  Stats.  1898  s.  478] 

Compensation.  Section  479.  The  town  board  shall  meet  at  the  time  and  place  fixed 
in  said  notice,  and  upon  due  proof  of  the  service  of  [or]  publication  of  said  notice  they 
shall  locate  and  establish  such  site  or  addition  for  said  district.  They  shall  cause  an 
accurate  survey  and  description  to  be  made,  and  fix  and  award  the  compensation  to  be 
made  to  the  respective  owners  for  the  same,  including  all  damages  respectively  sustained 
by  such  owners  by  reason  of  such  taking  of  said  lands,  and  within  ten  days  thereafter 
make  out  and  sign  duplicate  certificates,  containing  a  statement  of  their  action  upon  such 
application,  an  accurate  description  of  the  land  taken  and  the  amount  of  compensation 
and  damage  awarded  to  each  of  said  owners,  one  of  which  shall  be  delivered  to  the  occu- 
pant or  owner  of  the  lands  so  taken,  if  known  and  a  resident  of  this  state,  and  the  other, 
together  with  the  proofs  of  publication  or  service  of  said  notice  and  such  survey,  to  the 
clerk  of  said  district,  who  shall  cause  said  certificate  to  be  recorded  in  the  office  of  the 
register  of  deeds  of  the  proper  county ;  provided,  that  said  board  may,  in  their  discretion, 
before  agreeing  upon  their  award,  adjourn  from  time  to  time,  not  exceeding  in  all  ten 
days.  [1860  c.  320  s.  4;  1863  c.  155  s.  81;  R.  S.  1878  s.  479;  Ann.  Stats.  1889  s.  479; 
1897 _  c.  351 ;  Stats.  1898  s.  479] 

Payment.  Section  480.  The  sum  of  money  so  awarded  by  said  board  shall  be  paid 
to  the  owner  of  the  land  upon  which  such  site  or  addition  is  located,  or  in  case  the  owner 
is  a  nonresident  or  unknown,  or  refuses  to  accept  the  money,  it  shall  be  deposited  with 
the  treasurer  of  the  district  to  the  order  of  the  owner  of  said  land ;  said  district  shall  not 
occupy  said  land  without  the  consent  of  the  owner  thereof  until  such  money  shall  be  paid, 
tendered  or  deposited  as  aforesaid.  [1860  c.  320  s.  5;  1863  c.  155  s.  32;  R.  S.  1878  s.  480; 
Ann.  Stats.  1889  s.  480;  1897  c.  354;  Stats.  1898  s.  480] 

Appeal.  Section  481.  Any  person  aggrieved  by  the  decision  of  the  town  board  in 
the  award  of  damages  or  otherwise  may,  within  twenty  days  after  filing  their  duplicate 
certificate  with  the  clerk  of  such  district,  appeal  therefrom  to  the  circuit  court  of  any 
county  in  which  such  site  or  addition  or  any  part  thereof  is  situated,  by  filing  with  such 
clerk  a  notice  of  appeal,  specifying  all  the  grounds  of  his  appeal  and  paying  to  such  clerk 
one  dollar  for  state  tax  and  one  dollar  for  making  returns  thereto.  Within  twenty  days 
thereafter  such  district  clerk  shall  deliver  to  the  clerk  of  said  circuit  court  a  certified  copy 
of  such  certificate,  together  with  such  notice  of  appeal,  with  the  date  of  service  thereof 
indorsed  thereon,  and  pay  to  him  one  dollar  state  tax;  and  thereupon  the  clerk  of  said 
court  shall  enter  an  action  in  his  court  record  in  which  the  said  appellant  shall  be  plaintiff 
and  the  school  district  defendant.     The  issue  in  said  action  shall  be  the  legality  of  all  the 

292 


Chap.  27  s.  482]  [The  Common  Schools. 

proceedings  taken  by  the  school  district  and  town  board  in  taking  the  lands  of  the  plain- 
tiff for  such  schoolhouse  site  or  addition  thereto  which  are  set  forth  in  the  notice  of  ap- 
peal as  grounds  therefor,  and  the  amount  of  compensation  and  damages  to  which  he  is 
entitled  therefor.  Such  issue  shall  be  tried  without  further  pleadings  as  other  issues  of 
fact  are  tried,  and  judgment  thereon  be  rendered  and  enforced  as  in  other  personal  actions- 
in  such  court;  provided,  that  when  the  legality  of  the  proceedings  is  not  made  an  issue  or 
is  sustained  and  the  plaintiff  does  not  recover  a  larger  sum  for  damages  than  was  awarded 
to  him,  he  shall  not  recover  but  shall  pav  costs.  [1860  c.  320  s.  7  ;  1863  c.  155  s.  84; 
R.  S.  1S78  s.  481;  Ann.  Stats.  1889  s.  481;  1897  c.  354;  Stats.  1898  s.  481] 

Quantity  of  land.  Section  482.  No  schoolhouse  site  shall  contain  more  than  four 
acres  unless  with  the  consent  of  the  owner  of  the  land  taken  therefor,  except  in  counties 
having  a  population  of  one  hundred  and  fifty  thousand  or  more.  All  land  so  taken  against 
the  will  of  the  owner,  when  it  shall  cease  to  be  used  as  a  schoolhouse  site  or  addition,  shall 
revert  to  the  original  owner,  his  heirs  or  assigns;  and  no  land  shall  be  so  taken  that  may 
not  be  taken  for  highway  purposes  without  the  consent  of  the  owner  thereof.  [1860 
c.  320  s.  2,  6;  1863  c.  155  s.  79,  83;  R.  S.  1878  s.  42;  Ann.  Stats.  1889  s.  482;  1897  c,  354; 
Stats.  1898  s.  482;  1911  c.  148;  1913  c.  547] 

Proceedings  by  joint  districts.  Section  4S3.  If  such  application  be  made  by  a  joint 
district  it  shall  be  made  to  the  town  boards  of  the  several  towns  in  which  such  district 
is  situated,  and  such  town  boards  shall  act  together  as  one  board  in  all  proceedings  as 
hereinbefore  prescribed.  [1863  c.  155  s.  85;  1871  e.  169  s.  6;  R.  S.  1878  s.  483;  Ann. 
Stats.  18S9  s.  483;  1897  c.  354;  Stats.  1S98  s.  483] 

Infant's  land,  how  obtained.  Section  484.  Whenever  any  school  district  shall  lo- 
cate a  site  for  a  schoolhouse  upon  any  land  owned  by  an  infant  or  in  which  an  infant 
has  an  interest  the  circuit  or  county  court  of  the  county  in  which  the  land  is  situated 
may,  upon  application  of  the  parent  or  guardian  of  such  infant,  authorize  such  parent 
or  guardian  to  execute  a  perpetual  lease  of  such  site  not  exceeding  one  acre  in  quantity, 
and  when  any  such  land  is  held  in  trust  for  an  infant  his  trustee  may  in  like  manner 
apply  for  authority  to  make  such  perpetual  lease..  All  such  leases  shall  vest  in  the  lessee 
the  interest  of  such  infant  and  of  his  trustee  in  such  land  so  long  as  the  same  is- 
occupied  for  school  purposes.  Such  authority  shall  not  be  granted  unless  it  shall  be 
made  to  appear  satisfactorily  to  said  court  that  [the]  premises  are  needed  for  school 
purposes,  that  the  said  school  district  is  willing  to  pay  therefor  a  consideration  deemed 
adequate  by  the  court  and  that  the  interest  of  such  infant  will  not  be  prejudiced  by  rea- 
son of  said  lease,  and  before  making  such  order  the  court  shall  require  the  person  author- 
ized to  make  such  lease  to  give  a  bond  to  account  for  and  pay  over  the  consideration  re- 
ceived therefor  as  in  cases  provided  by  law  for  the  sale  of  the  lands  of  minors.  [186S 
c.  90  s.  1,  2;  R.  S.  1878  s.  484;  Ann.  Stats.  1889  s.  484;  1S97  c.  354;  Stats.  1898  s.  484] 

LIBRARIES. 

Librarian;  actions.  Section  485.  The  clerk  of  the  district  or  such  other  person  as 
the  legal  voters  shall  appoint  shall  be  the  librarian  and  have  the  care  and  custody  of  the 
district  library  under  the  supervision  of  the  district  board.  All  actions  relating  to  such 
libraries  or  for  the  recovery  of  any  penalties  lawfully  established  in  relation  thereto 
shall  be  brought  in  the  name  of  the  proper  school  district.  [1854  c.  80  s.  76,  77;  R.  S. 
1858  c.  23  s.  78,  79;  1863  c.  155  s.  Ill,  113;  R.  S.  1878  s.  485;  Ann.  Stats.  1889  s.  485; 
1897  c.  354;  Stats.  1898  s.  485] 

Joint  libraries.  Section  486.  The  legal  voters  of  any  two  or  more  adjoining  school 
districts  may,  with  the*  approval  of  the  town  board,  unite  their  libraries  and  library 
money  and  may  purchase  a  joint  library  or  additions  thereto  for  such  districts,  to  be 
selected  by  the  district  boai'ds  thereof  or  by  such  person  as  they  shall  designate,  and  to 
be  under  charge  of  librarians  to  be  appointed  by  such  district  boards.  Every  such  joint 
library  and  its  appurtenances  shall  be  vested  in  and  all  actions  relating  thereto  shall  be 
brought  in  the  names  of  all  the  districts  owning  such  joint  library.  In  case  such  dis- 
trict shall  desire  to  divide  any  such  joint  library  such  division  shall  be  made  by  the 
directors  of  the  districts  owning  the  same,  or  by  the  town  supervisors  if  such  directors 
cannot  agree ;  and  any  school  district  may  donate  and  sell  any  book  or  books  belonging 
to  the  district  library  to  the  town  in  which  it  is  situated  to  form  a  part  of  the  town 
library.  [1854  c.  SO  s.  78;  R.  S.  1858  c.  23  s.  80;  1863  c.  155  s.  112;  1868  c.  174  s.  4; 
R.  S.  1878  s.  486;  Ann.  Stats.  1889  s.  486;  1897  c.  354;  Stats.  1898  s.  486] 

Exchange  loans  of  district  libraries.  Section  486 — 1.  1.  School  library  books  be- 
longing to  one  school  district  may  be  loaned  by  the  school  board  of  the  district  to  the  school 
board  of  another  school  district  for  use  in  the  school  library  of  that  district  in  considera- 
tion of  school  library  books  similarly  loaned  in  exchange  therefor. 

293 


Chap.  27  s.  486a]  [The  Commox  Schools. 

2.  County  or  district  superintendents  may  arrange  such  exchanges  and  loans  of  school 
library  books  among  the  school  districts  in  their  jurisdiction  as  may  be  mutually  agreed 
upon  by  the  school  boards  of  the  districts  concerned. 

3.  A  school  district  receiving  books  from  another  district  under  the  provisions  of  this 
act  shall  be  responsible  for  all  losses  sustained  on  account  of  books  lost  or  damaged  be- 
yond ordinary  wear  and  tear. 

4.  All  books  loaned  or  exchanged  under  the  provisions  of  this  act  shall  be  returned  to 
the  school  library  from  which  they  have  been  obtained  not  later  than  two  weeks  before  the 
close  of  the  annual  school  term  of  the  district  from  which  the  books  have  been  received. 
[1913  c.  107] 

Township  libraries;  books;  amount  expended.  Section  486a.  1.  The  treasurer  of 
every  county  in  this  state  shall  withhold  annually  from  the  apportionment  received 
from  the  school  fund,  or  other  income  for  school  districts,  an  amount  equal  to  ten  cents 
per  capita  for  each  person  of  school  age  residing  in  towns,  villages  and  cities  of  the 
fourth  class  in  the  county,  said  money  to  be  expended  for  the  purchase  of  library  books, 
as  hereinafter  provided. 

Certificate  of  apportionment.  2.  In  the  certificate  of  apportionment  of  the  common 
school  fund  made  annually  by  the  state  superintendent  to  the  county  clerk  and  county 
treasurer  of  each  county  there  shall  be  included  a  statement  of  the  number  of  persons 
of  school  age  in  each  town,  village  and  city  of  the  fourth  class  in  the  county. 

Selection.  3.  Between  the  first  days  of  April  and  September  of  each  year  the  county, 
district  or  city  superintendent  of  schools  shall  provide  for  the  expenditure  of  all  moneys 
withheld  by  the  county  treasurer  for  the  purchase  of  library  books,  said  books  to  be 
selected  from  the  list  prepared  by  the  state  superintendent  and  to  be  distributed  among 
the  districts  under  his  supervision  the  schoolhouses  of  which  are  located  in  his  county 
or  superintendent  district,  in  the  proportion  to  the  amount  of  money  withheld  from 
each.  In  case  a  school  district  is  located  in  more  than  one  county  or  superintendent  dis- 
trict, the  superintendent  of  the  county  or  superintendent  district  in  which  the  school- 
Louse  is  located  shall  provide  for  the  expenditure  of  the  total  sum  withheld  from  such 
joint  school  district,  in  accordance  with  the  provisions  of  this  act. 

Adjoining  counties.  4.  The  superintendents  of  any  two  adjoining  counties  shall  on 
or  before  December  first  of  each  year  by  conference  or  correspondence  determine  upon 
the  balance  of  township  library  money  which  must  be  transferred  from  the  treasury  of 
one  county  to  the  treasury  of  the  other  county  in  order  that  the  total  amount  of  town- 
ship library  money  over  which  each  county  superintendent  has  control  for  the  purposes 
of  this  act  may  be  in  the  treasury  of  the  county  of  which  he  is  superintendent.  The 
said  county  superintendents  shall  thereupon  sign  and  transmit  to  the  county  clerks  of  the 
two  counties  concerned  a  joint  written  statement  of  the  balance  which  is  to  be  paid  over 
from  one  county  to  the  other,  together  with  a  detailed  statement  of  how  the  balance  was 
determined.  The  county  clerk  of  the  county  from  which  the  balance,  as  above  determined, 
is  due,  shall  on  or  before  March  first  draw  an  order  upon  the  county  treasurer  for  the 
amount  of  said  balance  and  in  favor  of  the  county  treasurer  of  the  county  to  which  the 
balance  is  due.  The  eounty  treasurer  shall  forthwith  transmit  said  sum  to  the  county 
treasurer  in  whose  favor  the  order  is  drawn  and  the  latter  shall  credit  it  to  the  township 
library  fund  of  the  eounty  of  which  he  is  treasurer.  Xo  order  from  the  county  board  of 
supervisors  shall  be  deemed  necessary  to  effect  this  transfer  of  township  library  funds 
as  above  provided. 

Joint  districts.  5.  In  case  a  school  district  under  the  jurisdiction  of  a  city  superin- 
tendent is  joint  between  a  city  of  the  fourth  class  and  one  or  more  towns  the  city  super- 
intendent and  the  county  superintendent  having  jurisdiction  over  the  territory  adjacent  to 
the  city  district  shall  on  or  before  February  first  of  each  year,  in  a  joint  statement,  certify 
to  the  county  clerk  and  county  treasurer  the  number  of  persons  of  school  age  in  that  part 
of  the  city  district  outside  of  the  city  limits.  The  city  superintendent  of  a  city  of  the 
fourth  class  shall  provide  for  the  expenditure  of  the  township  library  money  based  on 
the  total  number  of  persons  of  school  age  in  the  city  district,  including  such  persons  in  all 
parts  of  the  city  district  whether  resident  within  or  without  the  city  limits. 

Report.  6.  Between  December  first  and  February  first  of  each  year  the  teacher  or 
principal  of  every  school  under  the  jurisdiction  of  a  county,  district  or  city  superintendent 
of  a  city  of  the  fourth  class  shall  report  to  the  proper  superintendent  on  blanks  supplied 
by  said  superintendent  such  information  regarding  the  condition  and  needs  of  the  school 
library  as  may  be  called  for  by  such  superintendent.  Such  report  shall  include  an  inven- 
tory of  all  books  which  have  been  added  to  the  school  library  under  the  provisions  of  this 
act  since  March  first  last  preceding  the  date  of  the  report.  Before  receiving  from  the  dis- 
trict clcxk  an  order  for  the  last  month's  salarv  of  the  school  year  the  teacher  or  principal 

294 


Chap.  27  s.  486a]  [The  Common  Schools. 

of  each  school  shall  report  to  the  district  clerk  and  the  county,  district  or  city  superin- 
tendent such  information  regarding  the  school  library  as  the  proper  superintendent  may 
direct. 

Lists;  filing.  7.  It  shall  be  the  duty  of  the  county  or  district  superintendent  to  keep 
on  file  in  his  office  a  list  of  books  in  the  library  of  each  school  district  and  to  arrange  such 
lists  by  districts  and  towns  in  numerical  and  alphabetical  order.  Guided  by  such  lists  and 
other  information  which  may  have  been  obtained  regarding  the  school  libraries  of  the 
school  districts  under  his  supervision,  the  county  or  district  superintendent  shall  make  a 
selection  for  each  school  district  under  his  supervision,  the  schoolhouse  of  which  is  located 
in  his  superintendent  district,  the  books  to  be  taken  from  the  lists  prepared  by  the  state 
superintendent.  Tt  shall  also  be  his  duty  to  furnish  each  town  clerk,  village  clerk  and 
clerk  of  cities  of  the  fourth  class  under  his  jurisdiction  with  a  list  in  duplicate  of  the  books 
designated  for  each  district.  The  county  or  district  superintendent  shall  also  certify  to 
the  county  clerk  the  names  and  numbers  of  the  books  selected  for  each  town,  village  or 
city  of  the  fourth  class  under  his  supervision,  the  price  fixed  in  the  list  issued  by  the  state 
superintendent  to  be  attached  in  each  case  and  the  total  cost  of  such  books  to  be  correctly 
summarized  and  indicated.  Citj'  superintendents  of  cities  of  the  fourth  class  shall  in  like 
manner  certify  to  the  county  clerk  the  cost  of  the  books  selected  for  the  schools  under  their 
jurisdiction.  A  duplicate  copy  shall  be  furnished  to  the  company  or  firm  selected  by  the 
state  department  or  commissioned  to  furnish  the  books,  periodicals,  etc.,  for  township  li- 
braries. The  company  or  firm  shall  upon  receipt  of  the  list  from  the  county,  district  or 
city  superintendent  fill  the  order  for  each  town,  village  or  city  of  the  fourth  class,  as  di- 
rected, said  order  when  so  filled  to  be  sent  to  the  town,  village  or  city  clerk.  The  town, 
village,  or  city  clerk  shall  within  ten  days  after  the  receipt  of  the  books  from  the  company 
or  firm  compare  the  order  so  filled  with  the  list  in  his  possession  and  file  with  the  county 
clerk  one  of  the  said  lists  of  books  designated  for  each  district  after  having  plainly  indi- 
cated thereon  which  of  the  books  ordered  by  the  county  or  city  superintendent  have  been 
received  in  good  condition  by  said  clerk  or  shall  report  to  the  county  clerk  in  writing. which 
of  said  books  have  been  received  by  him  in  good  condition.  The  county  clerk  shall  within 
three  days  thereafter  draw  an  order  upon  the  county  treasurer  for  the  cost  of  the  books  so 
actually  delivered  in  good  condition  to  each  town,  village,  or  city.  If  any  error  or  irreg- 
ularity shall  have  been  made  by  such  company  or  firm  in  the  filling  of  such  order  for  the 
books  in  question,  the  town,  village  or  city  clerk  shall,  within  ten  days  after  the  receipt 
of  such  books  by  him,  notify  such  company  or  firm  thereof  in  writing.  A  report  shall  also 
be  sent  to  the  county,  city  or  district  superintendent.  If  the  report  is  unsatisfactory,  the 
proper  superintendent  shall  forthwith  report  the  fact  and  the  cause  thereof  to  the  company 
or  firm  supplying  the  township  library  books.  Such  company  or  firm  shall  forthwith  take 
steps  to  rectify  any  error  or  irregularity  which  may  have  been  made  in  the  filling  of  the 
order  for  the  books  in  question.  If  the  town,  village,  or  city  clerk  shall  fail  to  report  to 
the  countj7,  city  or  district  superintendent  and  to  the  county  clerk  as  provided  herein 
within  ten  days  after  the  receipt  of  the  books,  or  shall  fail  to  notify  such  company  or  firm 
of  any  error  or  irregularity  made  by  such  company  or  firm  in  the  filling  of  said  order  as 
herein  provided,  within  ten  days  after  the  receipt  of  such  books  by  him,  he  shall  be  liable 
to  a  forfeiture  in  the  sum  of  five  dollars,  collected  as  provided  by  law  for  the  collection  of 
other  forfeitures. 

8.   [Repealed  by  1913  c.  149} 

Charges.  9.  The  express,  freight  and  postage  charges  on  books  purchased  under 
the  provisions  of  this  section  shall  be  paid  by  the  town,  village  or  city  receiving  them. 

Distribution.  10.  The  town  clerk  shall  immediately  on  receipt  of  the  books  pur- 
chased under  the  provisions  of  this  section  distribute  such  books  to  the  clerks  of  the  vari- 
ous school  district  or,  if  the  school  is  in  session,  to  the  teacher  or  principal  of  such  school. 
The  district  clerk  or  the  teacher,  as  the  case  may  be,  shall,  at  the  time  the  books  are  de- 
livered, sign  and  deliver  to  the  town  clerk  a  receipt  specifying  therein  the  titles  of  the 
books  and  the  date  on  which  they  were  delivered.  Such  books  shall  go  to  each  school 
district  as  are  designated  by  the  county  or  district  superintendent.  For  this  service  the 
town  clerk  shall  be  paid  such  sum,  not  exceeding  two  dollars  per  day,  out  of  the  funds  of 
the  township,  as  shall  be  determined  by  the  town  board  of  supervisors.  Village  and  city 
clerks  who  receive  books  under  the  provisions  of  this  section  shall,  without  unnecessary 
delay,  transmit  such  books  to  the  principal  or  superintendent  of  the  schools  of  the  village 
or  city. 

Exchanges.  11.  The  boai-d  of  directors  of  any  free  public  library  and  the  school 
board  or  the  board  of  education  of  any  school  district,  town,  village  or  city  in  which  a 
free  public  library  is  provided  for  and  maintained,  may  make  such  exchanges  and  loans 

295 


Chap.  27  s.  4806-j  [The  Common  Schools. 

of  books  as  said  officers  shall  agree  upon  for  the  purpose  of  increasing  the  efficiency  of 
both  libraries  and  insuring  the  best  service  to  the  schools  and  all  citizens. 

Suspension  of  act.  12.  The  state  superintendent  shall  have  authority  to  suspend  the 
operation  of  this  section  in  any  school  district,  or  subdistrict  within  which  there  is  main- 
tained a  free  public  library,  or  for  any  school  district  or  subdistrict  located  wholly  or  in 
part  in  any  incorporated  village  or  city  within  which  there  is  maintained  a  free  public 
library;  provided,  there  has  been  expended  by  the  board  of  said  free  public  library  in  the 
purchase  of  library  books  suitable  for  children  in  the  elementary  school  grades,  during  the 
year  ending  June  thirtieth  next  preceding  the  date  of  the  application  for  suspension,  a  sum 
equal  to  the  sum  which  would  be  released  by  the  suspension  of  the  township  library  law, 
as  certified  by  the  secretary  of  the  free  library  commission,  the  amount  so  expended  by 
said  board  of  the  free  public  library  for  any  one  year  not  to  be  made  the  basis  of  such 
suspension  for  more  than  one  year,  and  provided  further  that  the  clerk  or  secretary  of 
the  board  of  education  of  the  school  district  for  which  the  operation  of  the  township 
library  law  is  suspended,  the  county,  district  or  city  superintendent  concerned  and  the 
county  clerk  and  county  treasurer  of  the  county  in  which  the  district  is  located  shall  be 
notified  of  such  suspension  by  the  state  superintendent.  [1887  c.  426;  1889  c.  288;  Ann. 
Stats.  1889  s.  486a;  1897  c.  354;  Stats.  1898  s.  486a;  1899  c.  272  s.  1,  2;  1905  c.  417; 
Supl.  1906  s.  486a;  1907  c.  118;  1909  c.  164;  1911  c.  663  s.27;  1913  c.  149;  1915  c.  423] 

Librarian  and  records.  Section  4866.  Unless  the  school  district  shall  at  tiie  annual 
meeting  elect  some  other  person  librarian,  the  clerk  shall  act  as  librarian  and  receive  and 
have  the  care  and  custody  of  the  books  so  distributed  to  the  district,  and  shall  loan  them 
to  teachers,  pupils  and  other  residents  of  the  district  in  accordance  with  the  regulations 
prescribed  by  the  state  superintendent.  The  clerk  shall  keep  a  record  of  the  books  re- 
ceived from  the  town  clerk  in  a  book  furnished  by  the  state  superintendent  through  the 
town  clerk;  but  during  the  time  school  is  in  session  the  library  shall  be  placed  in  the 
schoolhouse,  and  the  teacher  shall  act  as  librarian  under  the  supervision  of  the  clerk  or  of 
the  librarian  elected  at  the  annual  meeting..  The  state  superintendent  shall  furnish  to 
each  town  clerk  suitable  record  books  for  his  use  and  the  use  of  the  several  clerks  in  his 
town.  [1887  c.  426;  1889  c.  288;  Ann.  Stats.  1839  s.  486a;  1895  c.  47;  1897  c.  354 
s.  486a  sub.  5;  Stats.  1898  s.  486b] 

Farmers'  institute  bulletins  for  all  district  school  libraries.  Section  486c.  The  su- 
perintendent of  agricultural  institutes  shall  send  to  each  town  clerk  in  the  state  a  suffi- 
cient number  of  bound  copies  of  the  bulletins  of  such  institutes  to  enable  him  to  supply 
each  school  district  in  his  town  with  one  copy  of  each  edition  thereof.  The  town  clerks 
shall  distribute  said  bulletins  to  the  school  libraries  in  their  respective  towns,  from  which 
they  shall  be  loaned  in  like  manner  and  under  the  same  regulations  prescribed  for  the 
loaning  of  books  therein.  [1895  c.  47  s.  6;  1897  c.  354  s.  486a  sub.  6;  Stats.  1898 
s.  486c;  1907  c.  66] 

Librarian  under  township  system.  Section  486i.  In  towns  having  the  township 
system  of  school  government,  all  duties  prescribed  for  the  town  clerk  in  regard  to  town- 
ship libraries  shall  be  performed  bv  the  secretarv  of  the  town  board  of  school  directors. 
[1897  c.  56;  Stats.  1898  s.  486d] 

Library  committee.  Section  4S6e.  The  state  superintendent  of  public  instruction, 
the  secretary  of  the  Wisconsin  free  library  commission  and  the  attorney-general  are  hereby 
constituted  a  committee  whose  duty  it  shall  be  to  secure  bids  and  make  contracts  with 
some  responsible  dealer  or  firm  for  the  purpose  of  securing  prompt  and  efficient  service  in 
supplying  books  and  periodicals  to  the  schools  of  the  state  under  the  provisions  of  the 
township  library  law.     [1905  c.  243  s.  1;  Supl.  1906  s.  486 e;  1907  c.  118] 

Bids.  Section  4S6/.  Whenever  the  list  of  books  for  township  libraries  prepared  by 
the  state  superintendent  under  section  486a,  statutes  of  1898,  is  completed,  typewritten 
copies  thereof  shall  be  furnished  to  dealers  or  firms  making  applications  therefor.  The 
committee  shall  inclose  with  each  copy  of  the  list  so  sent  out  a  clear  and  complete  state- 
ment of  the  conditions  under  which  the  books  and  periodicals  are  to  be  supplied;  the  date 
on  which  the  bids  must  be  placed  on  file  and  opened  and  give  such  other  information  as 
may  be  necessary  to  insure  a  clear  and  unquestionable  understanding  on  the  part  of  all 
parties  concerned.     [1905  c.  243  s.  2;  Supl.  1906  s.  486 f ;  1907  c.  118] 

Deposit.  Section  486a.  The  committee  shall  require  from  each  dealer  or  firm  mak- 
ing a  bid  a  deposit  of  one  thousand  dollars  with  the  state  treasurer  as  an  evidence  of  good 
faith,  said  sum  to  be  returned  as  soon  as  the  successful  bidder  is  determined,  provided 
that  the  sum  deposited  by  the  successful  bidder  shall  not  be  returned  until  the  bond  re- 
quired by  the  committee  conditioning  a  faithful  performance  of  the  terms  of  the  con- 
tract is  filed  with  the  secretary  of  state.  In  case  the  successful  bidder  shall  fail  or  refuse 
to  file  the  bond  required  bv  the  contract  the  one  thousand  dollars  deposited  with  the  state 

296 


Chap.  21  s.  4S6h]  .  [The  Common  Schools 

treasurer  shall  become  forfeit  to  the  state  and  there  shall  be  no  recovery  thereof.  [19  OS 
c.  243  s.  3;  Supl.  1906  s.  486g;  1907  c.  118] 

Bond.  Section  486T&.  The  committee  shall  require  a  bond  from  the  successful  bid- 
der in  the  penal  sum  of  ten  thousand  dollars  with  good  and  responsible  sureties  for  the 
faithful  and  reasonable  performance  of  the  terms  of  the  contract,  said  sum  to  become 
forfeit  to  the  state  in  case  of  failure.     [1905  c.  243  s.  4;  Supl.  1906  s.  486h;  1907  c.  118] 

Duty  of  purchasing  officers.  Section  4.861.  As  soon  as  the  successful  bidder  has 
been  determined,  all  officers  upon  whom  shall  fall  the  duty  of  purchasing  the  books  for 
township  school  libraries  shall  be  notified  in  a  circular  setting  forth  the  conditions  under 
which  the  books  are  to  be  furnished,  the  name  and  address  of  the  successful  bidder  and  a 
statement  to  the  effect  that  no  money  withheld  from  the  common  school  apportionment  for 
the  purchase  of  township  library  books  shall  be  used  in  the  purchase  of  books  or  period- 
icals from  any  other  dealer  or  firm.     [1905  c.  243  s.  5;  Supl.  1906  s.  486i;  1907  c.  118] 

Penalty.  Section  486j.  After  a  contract  has  been  entered  into  by  the  committee  on 
the  part  of  the  state  it  shall  be  deemed  a  misdemeanor  punishable  by  fine  to  the  amount 
of  costs  and  the  money  expended,  for  any  person  or  officer  authorized  by  law,  to  make  a 
purchase  of  books  for  township  libraries  with  money  withheld  from  the  annual  appor- 
tionment of  the  school  fund  income  from  any  dealer  or  firm  other  than  the  dealer  or  firm 
named  in  the  contract.      [1905  c.  243  s.  6;  Supl.  1906  s.  486 j;  1907  c.  118] 

Rebinding  school  library  books.  Section  486fc.  1.  The  state  superintendent  of  pub- 
lic instruction,  the  secretary  of  the  free  library  commission,  and  the  attorney-general  shall 
constitute  a  state  committee  on  the  rebinding  of  school  library  books. 

2.  It  shall  be  the  duty  of  said  committee  to  make  out  during  the  month  of  January 
each  year  an  approved  list  of  firms  engaged  in  bookbinding  to  which  school  library  books 
may  be  sent  for  rebinding  under  the  provisions  of  this  act.  In  making  out  said  list  the 
said  committee  shall  take  into  consideration  convenience  of  location  of  firms  doing  book- 
binding, the  character  of  their  work,  their  financial  responsibility,  and  any  other  matter 
or  matters  haying  a  bearing  on  the  satisfactory  rebinding  of  school  library  books,  the  cost 
of  rebinding,  and  the  facilities  and  cost  of  transportation  to  and  from  the  bindery. 

3.  Before  any  bookbinding  firm  is  placed  on  said  approved  list,  an  agreement  shall 
have  been  entered  into  between  such  firm  and  the  state  committee  on  the  rebinding  of 
school  library  books  as  to  prices  to  be  charged  for  the  rebinding  of  books  as  provided  for 
by  this  act  and  such  other  matters  as  said  committee  may  deem  essential  to  the  carrying 
out  .of  the  intent  thereof.  Each  such  agreement  shall  contain  a  clause  authorizing  said 
committee  to  drop  the  firm  from  such  approved  list  in  case  the  terms  of  the  agreement  are 
not  complied  with  by  the  firm  in  question. 

4.  During  the  last  month  of  the  annual  school  term  in  every  school  district  coming 
under  the  provisions  of  sections  486a  to  486^  inclusive,  of  the  statutes,  known  as  the  town- 
ship library  law,  the  teacher,  principal  or  superintendent,  as  the  case  may  be,  shall  set 
aside  those  books  in  the  school  library  or  libraries,  which  are  in  need  of  rebinding,  and  he 
shall  supply  to  the  district  clerk  a  list  in  duplicate  of  the  titles  of  the  books  thus  set  aside, 
also  a  list  of  the  approved  bookbinding  firms,  together  with  such  other  readily  obtainable 
information  regarding  the  books  set  aside  as  may  be  called  for  by  the  state  or  county 
superintendent  on  blanks  which  may  be  supplied  for  the  purpose.  Only  those  school  li- 
brary books  shall  be  set  aside  for  rebinding  whose  original  cost,  whose  value  as  school 
library  books,  whose  sanitary  condition  and  condition  as  to  wear  and  tear  and  cleanliness 
are  such  as,  in  the  judgment  of  the  teacher,  principal  or  superintendent,  to  justify  re- 
binding. 

5.  It  shall  be  unlawful  for  the  district  clerk  to  make  out  an  order  for  the  payment  of 
the  last  month's  salary  of  the  teacher,  principal  or  superintendent,  as  the  case  may  be, 
before  the  books  for  rebinding,  if  there  be  any  such  books,  shall  have  been  set  aside  and 
a  list  thereof  has  been  received  by  him,  as  provided  in  the  last  preceding  paragraph  of 
this  section.  If  there  are  no  books  needing  rebinding,  whose  cost,  value,  and  condition 
justify  rebinding,  then  a  written  statement  to  that  effect  signed  by  the  teacher,  principal 
or  superintendent  shall  be  substituted  for  said  list  of  books  for  rebinding  otherwise  to  be 
provided. 

6.  At  the*  first  regular  or  special  meeting  of  the  school  board  after  the  clerk  has  re- 
ceived the  said  list  of  books  needing  rebinding,  he  shall  present  said  list  to  the  board  for 
its  consideration  and  the  board  shall  forthwith  take  formal  action  on  the  question  of 
having  the  books  rebound  under  the  provisions  of  this  act.  It  shall  be  the  duty  of  the 
school  board  to  take  action  not  later  than  one  month  after  the  district  clerk  has  received 
said  list  of  books  needing  rebinding.  If  necessary,  a  special  meeting  shall  be  called  for 
the  purpose. 

7.  Payment  for  the  rebinding  of  school  library  books  under  the  provisions  of  this 
act  shall  be  made  from  any  funds  in  the  treasury  of  the  school  district  not  otherwise  ap- 

297 


Chap.  27  s.  486m]  [The  Common  Schools. 

propriated.  The  first  year  an}'  school  district  takes  advantage  of  this  act  the  amount  ex- 
pended for  this  purpose  shall  not  exceed  an  amount  equal  to  twenty  cents  for  each  person 
of  school  age  in  the  district;  thereafter  such  amount  shall  not  exceed  ten  cents  per  person 
of  school  age  per  annum  in  any  one  school  district. 

8.  Lists  of  approved  bookbinding  firms  as  provided  for  in  this  act  shall  be  distributed 
to  teachers,  principals,  and  superintendents  between  the  first  day  of  March  and  the  first 
day  of  May  each  year  in  such  manner  as  other  publications  are  distributed  from  the  of- 
fice of  the  state  superintendent  of  public  instruction.     [1913  c.  176] 

Sample  books  in  school  libraries.  Section  486m.  1.  County  and  district  superin- 
tendents and  city  superintendents  of  cities  of  the  fourth  class  shall,  each  and  severally,  ac- 
cession and  care  for  as  county,  superintendent  district,  or  city  school  district  property,  free 
sample  books  which  are  on  the  list  of  books  prepared  by  the  state  superintendent  as  pro- 
vided by  section  486a  of  the  statutes  and  which  are  received  by  them  after  their  election  or 
appointment  and  during  their  term  of  office  as  superintendents,  and  they  shall  turn  said 
books  and  an  accession  list  thereof  over  to  their  successors  in  office  together  with  similar 
sample  books  and  accession  lists  received  from  their  predecessors  in  office,  in  like  manner 
as  the  law  requires  that  other  county,  superintendent  district,  or  city  school  district  prop- 
erty shall  be  cared  for  and  turned  over.     [1913  c.  409] 

COLLECTION    OF   JUDGMENTS    AGAINST    SCHOOL   DISTRICTS. 

Execution.  Section  487.  No  execution  shall  issue  on  any  judgment  against  a  school 
district  except  upon  leave  of  the  court  upon  motion  after  failure  of  the  remedies  pro- 
vided in  these  statutes.  [1S54  c.  80  s.  80-85;  B.  S.  1858  c.  23  s.  82;  1863  e.  155  s.  117;. 
E.  S.  1878  s.  487;  Ann.  Stats.  1889  s.  487;  1897  c.  354;  Stats.  1898  s.  487] 

Method  of  collection.  Section  488.  Whenever  a  final  judgment  shall  be  obtained 
against  any  school  district  the  judgment  creditor,  his  assignee  or  attorney  may  file  with 
the  town,  city  or  village  clerk  a  certified  transcript  of  such  judgment  or  of  the  docket 
thereof,  together  with  his  affidavit  showing  the  amount  due  thereon  and  all  payments,  if 
any,  and  that  the  judgment  has  not  been  appealed  from  or  removed  to  another  court,  or 
if  so  appealed  or  removed  has  been  affirmed;  and  thereupon  such  clerk  shall  assess  the 
amount  thereof,  with  interest  from  the  date  of  its  rendition  to  the  time  when  the  warrant 
for  the  collection  thereof  will  expire,  upon  the  taxable  property  of  such  district,  placing 
the  same  in  a  separate  column  on  the  next  tax  roll;  and  the  same  shall  be  collected  and 
returned  as  town  taxes  are  and  paid  to  the  party  entitled  thereto.  In  case  of  a  judgment 
against  a  joint  district,  a  transcript  and  affidavit  as  aforesaid  shall  be  filed  with  the  clerk 
of  each  town,  city  or  village  in  which  any  part  of  the  district  is  situated,  and  such  clerk 
shall  assess  on  the  taxable  property  of  the  part  of  such  district  situated  in  his  town,  city 
or  village  the  same  proportion  of  the  whole  amount,  with  interest  as  aforesaid,  as  is  as- 
sessed on  such  part  for  the  other  district  taxes  in  such  year.  Such  proportion  may  be 
ascertained  by  the  certificate  of  the  district  clerk  or  the  certificate  of  the  several  town,  city 
or  village  clerks  interested  to  each  other,  showing  the  amount  of  other  district  taxes  cer- 
tified by  the  district  clerk  to  each  town,  city  or  village  clerk.  Whenever  for  any  cause  the 
amount  which  ought  to  be  assessed  on  any  such  district  or  part  of  district,  as  above  pro- 
vided, shall  not  be  so  assessed  in  the  next  tax  roll  after  the  filing  of  such  transcript  and 
affidavit,  such  clerk  shall  assess  the  same  on  the  next  or  any  subsequent  tax  roll  within 
two  years  thereafter.  [E.  S.  1858  c.  23  s.  83-86;  1863  c.  155  s.  118-121;  E.  S.  1878 
s.  488;  Ann.  Stats.  1889  s.  4S8;  1897  c.  354;  Stats.  1898  s.  488] 

Effect  of  appeal.  Section  489.  Whenever  an  appeal  shall  be  taken  from  such  judg- 
ment against  a  district  and  a  transcript  thereof  and  affidavit  shall  have  been  filed  as  above 
provided,  the  director  may  file  a  certificate  of  such  appeal  with  the  town,  city  or  village 
clerk,  and  thereupon  he  shall  suspend  the  assessment  of  such  judgment  until  the  determi- 
nation of  such  appeal.  If  such  judgment  be  thereafter  affirmed,  on  proof  thereof  by  cer- 
tificate of  the  clerk  of  the  appellate  court,  the  town,  city  or  village  clerk  shall  assess  the 
same,  with  interest,  in  the  next  tax  roll.     [E.  S.  1878  s.  489;  Ann.  Stats.  1889  s.  489; 

■7  c.  354;  Stats.  1898  s.  489] 

FREE  HIGH   SCHOOLS. 

Free  high  schools;  establishment;  educational  requirements.  Section  490.  1.  Any 
town,  village,  city  or  school  district  may  establish  and  maintain  not  exceeding  two  high 
schools  in  the  manner  and  with  the  privileges  herein  provided ;  but  no  such  school  shall  be 
established  or  maintained  unless  twenty-five  persons  of  school  age,  resident  of  the  town, 
city  or  village  or  school  district,  pass  a  satisfactory  examination  in  the  branches  required 
to  be  taught  in  the  common  school  and  are  prepared  to  begin  a  high  school  course. 

298 


Chap.  27  s.  490a  J  [The  Common  Schools. 

Question  submitted  to  vote;  notice.  2.  The  question  of  establishing  such  schools 
may  be  submitted  by  the  town,  district,  village  board,  or  common  council  to  the  legally 
qualified  voters  at  any  annual  or  special  meeting  or  election  upon  written  resolution 
therefor  proposed  for  adoption ;  provided  that  ten  days'  notice  of  such  purpose  embodying 
such  resolution  be  given  by  posting  five  copies  thereof  in  five  different  public  places  in 
such  town,  village,  city  or  school  district  or  by  publishing  such  notice  in  any  newspaper 
published  in  any  such  town,  village,  city  or  school  district  ten  days  prior  to  the  time  set 
for  holding  such  meeting.  District  meetings  of  high  schools  of  any  kind  shall  be  called 
for  eight  o'clock  in  the  afternoon.  The  vote  shall  be  taken  by  ballot  and  canvassed  ac- 
cording to  the  statutes  for  conducting  elections  in  such  municipality,  those  ballots  in  favor 
being  written  or  printed  "For  high  school,"  those  opposed,  "Against  high  school."  If  the 
resolution  be  adopted  such  town,  district,  village  or  city  shall  constitute  a  high  school  dis- 
trict.    But  this  section  shall  not  apply  to  high  schools  already  established. 

Defects,  cured.  3.  No  action  heretofore  taken  by  any  town,  village,  city  or  school 
district  in  voting  to  form  a  high  school  or  joint  high  school  shall  be  invalid  by  reason  of 
any  defect  in  the  form  of  notice  given  or  the  time  such  notice  shall  have  been  given,  posted 
or  published ;  but  all  steps  heretofore  taken  by  any  town,  village,  city  or  school  district 
in  forming  a  high  school  or  joint  high  school  are  hereby  validated,  and  declared  to  con- 
form to  law.  [1875  c.  323;  1876  c.  132;  R.  S.  1878  s.  490;  1879  c.  245  s.  1;  Ann.  Stats. 
1889  s.  490;  1897  c.  354;  Stats.  1398  s.  490;  1905  c.  258;  Supl.  1906  s.  490;  1907  c.  113; 
1909  c.  217;  1915  c.  181,  620] 

Vote  on  dissolution  of  high  school  district;  notice;  ballot  form.  Section  490a. 
The  electors  of  any  town,  village  or  city  school  district  maintaining  a  free  high  school, 
may  at  any  annual  meeting  or  election,  vote  upon  the  question  of  surrendering  the  certifi- 
cate of  organization  of  the  free  high  school  and  the  dissolving  of  the  high  school  district ; 
provided,  that  ten  days'  notice  of  such  purpose  be  given  by  posting  five  copies  thereof  in 
five  different  public  places  in  such  town,  village,  or  city  school  district  or  by  publishing 
such  notice  in  any  newspaper  published  in  any  such  town,  village  or  city  school  district 
ten  days  prior  to  the  time  set  for  holding  such  meeting.  The  vote  shall  be  taken  by  ballot 
and  canvassed  according  to  the  statutes  for  conducting  elections  in  such  municipality. 
Those  ballots'  in  favor  of  the  surrendering  of  the  certificate  and  dissolution  of  the  free 
high  school  district  shall  be  written  or  printed  "For  surrender,"  those  opposed,  "Against 
surrender."     [1907  c.  5SS;  1915  c.  620] 

Discontinuance  of  one  of  two  high  schools  in  district.  Section  490&.  1.  The  elec- 
tors of  any  town,  village,  or  city  school  district  or  of  two  or  more  adjoining  towns  or 
school  districts,  or  one  or  more  towns  or  school  districts  and  an  incorporated  village  or 
city  having  organized  and  maintained  two  free  high  schools,  may  at  any  annual  or  special 
meeting  vote  upon  the  question  of  surrendering  the  certificate  of  organization  for  one  of 
the  two  free  high  schools. 

2.  Ten  days'  notice  of  such  purpose  shall  be  given  prior  to  the  annual  or  special  school 
meeting  by  posting  five  copies  of  a  resolution,  setting  forth  that  the  electors  will  be  called 
upon  to  vote  on  the  question  of  surrendering  the  certificate  of  organization  for  one  of  the 
two  free  high  schools,  in  five  different  public  places  in  such  town  or  towns  or  town  and 
village  or  city  school  district  or  by  publishing  such  notice  in  any  newspaper  published  in 
such  town  or  towns  or  village  or  town  and  village  or  city  school  district  ten  days  prior  to 
the  time  set  for  holding  such  annual  or  special  meeting. 

3.  The  vote  shall  be  taken  by  ballot  and  canvassed  according  to  the  statutes  for  con- 
ducting elections  in  such  municipality  or  municipalities.  The  ballots  in  favor  of  the  sur- 
rendering of  the  certificates  of  one  of  the  two  free  high  schools  maintained  in  such  entire 
or  joint  free  high  school  district  shall  be  written  or  printed  "For  surrender;"  those 
opposed  "Against  surrender."  Such  resolution  shall  not  be  adopted  and  the  certificate  of 
organization  of  one  of  the  two  schools  shall  not  be  surrendered  unless  a  majority  of  all 
the  votes  cast  in  such  town  or  towns  or  town  and  village  or  city  or  village  be  in  favor 
thereof. 

4.  The  resolution  proposing  the  surrendering  of  the  certificate  of  organization  of  one 
of  the  two  free  high  schools  shall  be  approved  and  submitted  to  a  vote  of  the  electors  of 
the  district  or  joint  free  high  school  district,  and  the  notice  of  election,  signed  by  at  least 
a  majority  of  the  supervisors  of  each  town,  the  trustees  of  each  school  district,  the  com- 
mon council  of  such  city  and  the  trustees  of  such  village,  if  any,  upon  presentation  to  the 
town  clerk  or  the  school  district  clerk,  or  in  a  case  of  a  joint  free  high  school  district  to 
the  town  or  village  clerk  in  which  the  schoolhouse  shall  be  located,  a  petition  requesting 
that  a  special  election  be  held  for  the  purpose  of  voting  upon  such  resolution,  signed  by 
five  legal  voters  of  such  free  high  school  or  joint  free  high  school  district.  [1911  c.  422; 
1915  c.  620] 

299 


Chap.  27  s.  490</]  [The  Common  Schools. 

Taxation  in  overlapping  districts.  Section  490#.  Whenever  any  town  free  high 
school  district  comprising  two  towns  and  a  city  shall  have  been  established  and  if  after 
such  establishment  any  school  district,  a  part  only  of  which  lies  in  such  joint  town  free 
high  school  district  shall  establish  and  maintain  a  district  free-  high  school,  that  part  of 
such  district  free  high  school  lying  in  the  joint  town  free  high  school  district  shall  be  ex- 
empt from  taxation  for  high  school  purposes  in  the  joint  town  free  high  school  distriot. 
[1915  c.  464] 

City  technical  schools;  vote  for  and  against;  management.  Section  490m.  Any 
city  may  establish  a  technical  school  or  college  as  a  part  of  its  public  school  system,  pro- 
vided the  resolution  establishing  such  school  or  college  shall  be  submitted  to  the  electors 
of  such  city  in  substantially  the  same  manner  as  provided  in  section  490  in  the  case  of 
high  schools  and  the  resolution  so  submitted  be  adopted.  The  resolution  shall  provide  for 
the  organization  of  such  school  or  college  and  may  confer  the  management  and  control 
on  the  existing  school  board  or  on  a  special  board  created  thereby.  The  resolution  may 
be  amended  or  repealed  by  a  resolution  submitted  and  adopted  in  the  same  manner  as 
above  provided.      [1907  c.  344] 

High  school;  defective  organization,  cured.  Section  490t  1.  No  action  heretofore 
taken  by  the  electors  or  officers  of  any  town,  towns,  or  parts  of  towns,  village,  town  or 
towns  and  village,  city,  town  or  towns  and  city  or  school  district,  in  voting  to  form  a 
town,  village,  city  or  district  free  high  school  district,  or  union  free  high  school  district, 
or  a  joint  free  high  school  district,  or  a  joint  union  free  high  school  district,  shall  be 
invalid  by  reason  of  any  defect  in  the  form  of  notice  given,  posted,  published,  or  served, 
or  in  calling  a  meeting  for  fixing,  or  in  fixing  the  time  and  place  for  holding  the  election 
for  organizing  a  town,  village,  city  or  district  free  high  school  district,  or  union  free 
high  school  district,  or  a  joint  free  high  school  district,  or  a  joint  union  free  high  school 
district,  or  the  manner  in  which  such  notice  shall  have  been  given,  posted,  published,  or 
served;  and  all  steps,  procedure,  and  elections,  preliminary  to  and  heretofore  had  and 
taken  by  any  town,  towns,  or  parts  of  towns,  village,  town  or  towns  and  village,  city, 
town  or  towns  and  city,  or  school  district,  in  forming  a  town,  village,  city  or  district 
iYee  high  school  district,  a  union  or  joint  union  free  high  school  district,  or  a  joint  free 
high  school  district  are  hereby  validated  and  declared  to  have  the  same  force  and  effect 
as  if  there  had  been  no  irregularities  or  omissions  in  the  proceedings  had  for  the  pur- 
pose of  forming  such  free  high  school  district. 

2.  No  action  shall  be  undertaken  to  contest  the  validity  of  any  proceeding's  held  in 
calling  and  in  holding  an  election  for  the  formation  of  a  town,  village,  city  or  district  free 
high  school  district,  or  union  free  high  school  district,  or  a  joint  free  high  school 'district, 
or  a  joint  union  free  high  school  district,  unless  taken  within  one  year  after  the  organiza- 
tion of  such  free  high  school  district.  Provided  that  this  act  shall  not  affect  pending  ac- 
tions.    [1909  c.  144;  1915  c.  36] 

Joint  high  school  districts.  Section  491.  Two  or  more  adjoining  towns  or  school 
districts,  or  one  or  more  towns  or  school  districts  and  an  incorporated  village  or  city,  when 
the  same  together  will  make  a  district  of  contiguous  territory,  may  unite  in  establishing 
and  maintaining  any  such  high  school.  The  resolution  proposing  the  same  shall  be 
approved  and  submitted  and  the  notice  of  election  signed  by  at  least  a  majority  of  the 
supervisors  of  each  town,  the  directors  of  each  school  district,  the  common  council  of  such 
city  and  trustees  of  such  village,  if  any,  and  the  election  shall  be  notified  and  conducted 
in  each  town,  school  district,  city  or  village  as  provided  in  the  preceding  section.  Such 
resolution  shall  not  be  adopted  unless  a  majority  of  the  votes  cast  in  each  such  town, 
school  district,  city  or  village  be  in  favor  thereof.  The  votes  shall  be  canvassed  at  the 
first  election,  and  all  subsequent  elections  in  the  several  towns  as  at  town  meetings,  in  the 
several  school  districts  as  at  annual  school  district  meetings,  in  the  city,  if  any,  as  at  a 
charter  election,  and  in  the  village,  if  any,  as  at  village  elections;  and  the  supervisors  of 
the  several  towns,  directors  of  said  school  districts,  common  council  of  such  city  and 
trustees  of  such  village  shall,  within  one  week  after  such  election,  meet  and  canvass  the 
votes  and  certify  the  result  to  the  town  clerk  of  each  town,  the  clerk  of  each  school  dis- 
trict, the  clerk  of  such  city  and  to  the  village  clerk  of  such  village.  If  such  resolution  be 
adopted,  the  town,  or  towns,  school  district  or  school  districts  and  city  and  village,  so 
voting,  shall  constitute  a  joint  high  school  district.  The  creation  of  a  new  town  or  incor- 
poration of  a  village  out  of  the  territory  included  in  a  free  high  school  district  shall  not 
dissolve  nor  otherwise  affect  such  district  but  such  towns  or  town  and  village  shall  there- 
after constitute  a  joint  high  school  district.  A  town,  school  district,  incorporated  village 
or  city  contiguous  to  a  free  high  school  distinct  may  become  joint  with  such  district  upon 
the  approval  and  submission  of  a  resolution  proposing  the  same  and  the  terms  thereof, 
and  notice  of  election  signed  by  a  majoritv  of  the  supervisors  of  each  town,  directors  of 

300 


lhap.  27  s.  491c]  [The  Common  Schools. 

each  school  district,  common  council  of  each  city,  and  trustees  of  each  villages,  if  any,  to 
be  affected  and  the  adoption  of  such  resolution  by  a  majority  of  all  the  votes  cast  in  each 
such  town,  school  district,  city  or  village,  the  election  to  be  had  and  the  result  canvassed 
and  determined  in  the  manner  provided  herein  for  the  organization  of  a  joint  high  school 
district  in  the  first  instance.  [1875  c,  323  s.  2;  1877  c.  249;  R.  S.  1878  s.  491;  Ann. 
Stats.  1889  s.  491;  1897  c.  353,  354;  Stats.  1898  s.  491;  1899  c.  57  s.  1;  1903  c.  345  s.  1; 
Supl.  1906  s.  491;  1907  c.  118] 

Sections  491a  and  491b.     [Repealed  by  1913  c.  558] 

Duty  of  board  to  submit  question  of  joint  district.  Section  491c.  It  is  hereby  made 
the  duty  of  the  town,  village,  city  or  school  district  board  to  submit  any  resolution  pro- 
posed in  pursuance  of  section  491,  to  the  voters  of  such  town,  village,  city  or  school 
district  upon  the  filing  with  said  board  of  a  petition  in  writing,  praying  for  such  sub- 
mission, signed  by  at  least  ten  per  cent  of  the  qualified  electors  who  voted  at  the  last 
preceding  gubernatorial  election  in  such  town,  city,  village  or  school  district.  [1905 
c.  174  s.  1;  Supl.  1906  s.  491c;  1907  c.  118;  1911  c.  663  s.  28] 

Free  high  school  elections;  ballots;  boxes;  canvass;  certification;  board's  duties. 
Section  492.  1.  The  officers  of  each  free  high  school  district  shall  be  a  director,  treas- 
urer and  clerk,  whose  terms  shall  be  each  three  years  beginning  with  the  annual  town 
meeting  and  until  his  successor  shall  have  been  chosen;  provided,  that  at  the  first  election 
the  clerk  shall  be  chosen  for  one  year,  the  treasurer  for  two  years  and  the  director  for 
three  years.  All  of  said  officers  may  be  chosen  first  at  the  same  election  at  which  the 
question  of  establishing  a  high  school  is  submitted,  to  take  their  offices  if  the  resolution 
therefor  be  adopted.  Thereafter  such  officers  shall  be  elected  at  the  annual  town  meet- 
ing or  charter  election.  The  votes  cast  shall  be  canvassed  and  the  result  declared  and 
certified  as  provided. 

2.  But  in  all  cities  not  under  a  county  superintendent  which  now  constitute  free  high 
school  districts  or  which  shall  hereafter  adopt  the  resolution  provided  for  in  section  490 
and  become  free  high  school  districts,  the  board  of  education  in  each  such  city  shall  be 
the  high  school  board,  and  the  city  treasurer  shall  be  ex  officio  the  treasurer  of  the  high 
school  district,  unless  the  board  of  education  embrace  a  treasurer. 

3.  And  in  all  districts  maintaining  a  graded  school  of  not  less  than  two  departments 
which  now  constitute  free  high  school  districts  or  which  shall  hereafter  adopt  such  resolu- 
tion, the  district  board  in  each  shall  be  the  high  school  board  and  the  district  treasurer 
shall  be  the  treasurer  of  the  high  school  district. 

4.  Whenever  a  subdistrict  shall  vote  to  establish  and  maintain  a  free  high  school, 
such  subdistrict  shall  constitute  a  free  high  school  district,  shall  elect  a  free  high  school 
board,  the  clerk  for  one  year,  the  treasurer  for  two  years  and  the  director  for  three  years; 
thereafter  one  officer  shall  be  elected  annually  in  place  of  the  one  whose  term  expires  at 
the  annual  meeting  of  such  subdistrict  and  such  high  school  board  shall  perform  all  the 
duties  and  have  the  same  authority  as  high  school  boards  in  towns  or  districts. 

5.  The  clerk  shall  certify  all  taxes  levied  for  high  school  purposes  to  the  town,  city 
or  village  clerk,  who  shall  apportion  the  same  upon  the  taxable  property  of  the  sub- 
district,  and  the  treasurer  of  such  municipality  shall  collect  the  taxes  thus  apportioned 
and  pay  over  the  same  to  the  high  school  treasurer  and  return  the  delinquent  taxes  to  the 
county  treasurer  as  in  other  cases. 

6.  Separate  ballots  and  a  separate  ballot  box  for  school  district  officers  shall  be  pro- 
vided. 

7.  The  names  of  candidates  for  school  district  officers  voted  for  shall  be  printed  or 
written  on  a  ticket  separate  from  the  town,  village  or  city  ticket,  and  the  ballots  cast  at 
this  election  shall  be  canvassed  according  to  the  statutes  for  conducting  elections  in  the 
municipalities  interested,  the  results  certified  to  by  the  canvassing  officers  to  be  sealed 
and  placed  in  the  hands  of  the  chairman  of  the  town,  the  president  of  the  village  board 
of  trustees  or  the  mayor  of  the  city,  as  the  case  may  be. 

8.  Such  officers  shall  hold  their  first  meeting  at  two  o'clock  P.  M.  on  the  first  Saturday 
following  the  town,  village  or  city  election  at  the  office  of  the  clerk  of  the  town  having 
the  largest  population,  or  if  a  village  or  city  shall  be  interested  at  the  office  of  the  village 
or  city  clerk  for  the  purpose  of  recanvassing  the  votes  cast  in  each  municipality  for  the 
election  of  high  school  officers  and  certifying  the  result  to  the  proper  clerk.  Said  clerk 
shall  certify  the  name  of  the  officer  or  officers  elected  in  said  district  to  the  clerk  of  each 
town,  village  or  city,  in  the  joint  free  high  school  district.  The  officers  so  elected  shall 
have  the  same  authority,  be  charged  with  the  same  duties,  and  be  under  the  same  liabilities 
as  other  officers  of  free  high  school  districts.  [1875  c.  323  s.  4;  1879  c:  245  s.  2;  R.  S. 
1878  s.  492;  1879  c.  245  s.  2;  Ann.  Stats.  1889  s.  492;  1897  c.  354;  Stats.  1898  s.  492; 
1903  c.  345  s.  2;  1905  c.  329  s.  1;  Supl.  1906  s.  492;  1907  c.  118,  433] 

301 


Chap.  27  s.  492aJ  [The  Common  Schools. 

Free  high  school  board;  powers  and  duties.  Section  492a.  The  town  board  of 
school  directors  in  any  township  now  organized  or  which  may  be  hereafter  organized 
under  the  township  system  of  school  government,  shall  he  and  jg  hereby  constituted  the 
free  high  school  board  for  the  town  as  a  free  high  school  district.  In  such  cases  the  sec- 
retary of  the  town  board  of  school  directors,  shall  be  ex  officio  clerk,  the  president  of  the 
board  shall  be  ex  officio  director,  and  the  town  treasurer  shall  be' ex  officio  treasurer  of 
the  free  high  school  board  of  said  district.  Said  board  is  hereby  authorized  to  perform 
all  and  singular  the  duties  prescribed  by  law  for  free  high  school  officers  and  boards,  and 
the  function  and  duty  of  free  high  school  boards  heretofore  organized  and  acting  as  such 
in  a  free  high  school  district  consisting  of  a  town  having  the  township  system  of  school 
government,  shall  cease  and  be  of  no  effect  on  and  after  the  lawful  surrender  of  records, 
papers,  moneys  and  other  property  as  hereinafter  provided.  The  records  and  accounts 
of  the  board  created  by  this  act  shall  be  kept  separate  and  distinct  from  the  records  and 
accounts  which  the  said  board  are  required  to  keep  as  a  town  board  of  school  directors. 
The  free  high  school  board  in  any  existing  free  high  school  district  composed  of  a  single 
town  organized  under  the  township  system  of  school  government,  is  hereby  authorized 
and  directed,  immediately  upon  the  passage  of  this  act,  to  deliver  to  the  care  and  custody 
of  the  free  high  school  board  herein  provided  for  in  such  cases,  all  records,  papers, 
money,  and  other  property  of  the  free  high  school  district,  and  the  free  high  school  board 
herein  provided  for  shall  accept  the  care  and  custody  of  such  records,  papers,  money, 
and  other  property  and  use  them  for  and  in  behalf  of  the  free  high  school  district  in  con- 
formity to  law.     [1901  c.  253  s.  1;  Supl.  1906  s.  492a;  1907  c.  118] 

Officers'  duties;  other  statutes  apply.  Section  493.  Such  officers  shall  constitute 
the  high  school  board,  and  shall  conduct  the  affairs  of  the  high  school  district  on  the 
same  general  plan  provided  for  a  school  district,  and  possess,  with  respect  to  such  high 
school  district,  all  the  powers  and  be  charged  with  all  the  duties  conferred  and  imposed 
by  these  statutes  on  the  district  officers  and  district  board  of  a  school  district  applicable 
to  such  high  school  district;  the  treasurer  shall  give  a  like  bond,  to  be  approved  and  filed 
in  a  similar  manner.  The  high  school  district  clerk  shall  make  a  similar  report  to  that 
required  by  section  462,  omitting  the  first  subdivision.  The  board  may  grade  such 
school  and  establish  the  branches  of  study  to  be  taught  therein,  under  the  advice  of  the 
state  superintendent.  Every  forfeiture  and  punishment  for  neglect  or  violation  of  duty 
in  a  school  district  officer  shall  apply  to  a  high  school  district  officer  for  like  neglect  or 
violation.  The  reports  of  free  high  schools  in  cities  not  under  a  county  superintendent 
shall  be  included  in  the  reports  from  such  cities  to  the  state  superintendent.  [1875  c.  323 
s.  3,  5-7,  9,  10;  R.  S.  1878  s.  493;  1379  c.  245  s.  3;  Ann.  Stats.  1SS9  s.  493;  1397  c.  354, 
Stats.  1898  s.  493] 

Increase  in  membership  of  board ;  vacancies,  how  filled.  Section  493a.  Any  school 
district  containing  within  its  boundaries  a  city  in  which  a  high  school  is  maintained  and 
which  expends  annually  in  the  maintenance  of  its  schools  a  sum  exceeding  four  thousand 
dollars,  may,  upon  determining  so  to  do  by  the  vote  of  the  electors  present,  at  any  annual 
school  meeting  held  in  such  school  district,  have  a  district  board  comprising  seven  mem- 
bers which  shall  be  known  as  the  school  board  of  the  city,  comprising  in  whole  or  in 
part  such  district,  three  of  whom  shall  be  the  director,  treasurer  and  clerk,  as  now  pro- 
vided by  law,  who  shall  each  discharge  the  separate  duties  now  imposed  upon  him  by  law. 
and  shall  be  elected  and  hold  office  for  the  term  now  provided  by  law,  and  no  two  of 
whom  shall  be  residents  of  the  same  ward  in  such  city  until  each  ward  therein  shall  have 
at  least  one  member  on  such  board.  Where  such  school  district  and  city  are  identical 
in  territory,  the  members  of  said  district  board  shall  be  chosen  one  from  each  ward  of 
such  city  in  the  order  in  which  the  wards  are  numbered  until  the  full  number  is  chosen; 
provided,  that  in  case  such  city  have  fewer  than  seven  wards  additional  member  or  mem- 
bers shall  be  chosen  from  the  district  at  large;  and,  provided  further,  that  in  school  dis- 
tricts having  school  boards  elected  under  and  pursuant  to  section  1  of  chapter  317  of  the 
laws  of  Wisconsin  for  1899  or  under  said  act  as  amended  by  chapter  205  of  the  laws  of 
Wisconsin  for  1901,  members  of  such  boards,  including  those  chosen  to  fill  vacancies, 
shall  be  chosen  from  wards  not  represented  as  herein  provided  until  such  representation 
shall  be  fully  established;  provided,  the  electors  of  such  school  districts  decide  at  any 
annual  meeting  to  adopt  the  provisions  of  this  act.  Removal  by  a  member  of  such  board 
from  the  ward  from  which  he  was  chosen  shall  create  a  vacancy.  And  all  directors,  clerks 
and  treasurers  now  in  office  in  such  districts,  shall  continue  in  their  respective  offices 
during  the  full  term  for  which  they  were  elected.  The  remaining  four  members  of  such 
district  board,  shall  be  elected  as  school  district  officers  are  now  required  to  be  elected,  at 
the  annual  school  meeting  which  may  adopt  this  act;  two  of  said  four  shall  be  elected 
for  the  period  of  one  year  and  the  remaining  two  for  the  period  of  two  vears  and  until 

302 


Chap.  27  s.  493fc]  [The  Common  Schools. 

their  successors  have  been  elected  or  appointed.  At  every  succeeding  annual  school  meet- 
ing in  such  district  there  shall  be  elected  in  addition  to  a  director,  clerk  or  treasurer,  as 
the  case  may  be,  two  of  such  additional  members  of  such  board,  who  shall  hold  their 
office  for  two  years  and  until  their  successors  are  elected  or  appointed.  In  case  of 
vacancies  in  the  said  board,  such  vacancies  shall  be  filled  as  now  provided  for  filling 
vacancies  in  district  boards,  the  members  so  chosen  to  hold  until  the  next  annual  district 
meeting.  Such  school  boards  shall  exercise  all  the  powers,  and  discharge  all  the  duties 
now  imposed  upon  the  district  boards  of  such  districts.  Regular  meetings  of  said  board 
shall  be  held,  and  special  meetings  thereof  may  be  called  upon  request  of  any  three  mem- 
bers of  such  board  to  the  clerk,  who  shall  thereupon,  at  least  twenty-four  hours  before 
such  special  meeting  is  held,  give  written  notice  thereof  to  the  remaining  members  of 
the  board.  [1899  c.  317  s.  1;  1901  c.  205  s.  1;  1905  c.  421  s.  1;  Supl.  1906  s.  493a; 
1907  c.  118] 

Notice  of  proposed  increase.  Section  493b.  The  number  of  members  of  any  school 
board  shall  not  be  increased  as  provided  in  section  493a,  unless  a  notice  in  writing  of 
the  proposition  for  such  increase,  signed  by  at  least  twenty-five  electors  of  the  school 
district,  shall  be  filed  with  the  clerk  of  said  district,  at  least  ten  days  prior  to  the  annual 
meeting;  and  the  clerk  shall  include  in  the  notice  of  such  meeting  the  substance  of  such 
proposition.     [1907  c.  198;  1907  c.  676  s.  11;  1911  c.  663  s.  29] 

High  school  district  meetings;  site  and  building;  loans.  Section  493c.  1.  The 
annual  district  meeting  for  the  election  of  officers  and  the  transaction  of  other  busi- 
ness of  high  school  districts,  organized  as  provided  in  section  490,  in  cities  of  the  fourth 
class  containing  not  more  than  four  thousand  inhabitants,  which  include  within  their  limits 
the  whole  or  a  portion  of  two  different  common  school  districts,  shall  be  held  on  the  last 
Monday  in  June  at  seven  o'clock  in  the  afternoon,  unless  another  hour  be  fixed  by  a  vote 
recorded  at  a  previous  annual  or  special  meeting. 

2.  The  clerk  shall  give  at  least  six  days'  previous  notice  of  the  annual  meeting  by  post- 
ing notices  thereof  in  four  or  more  public  places  in  the  district,  one  of  which  shall  be 
affixed  to  the  outer  door  of  all  public  schoolhouses  within  the  district;  and  he  shall  give 
like  notice  for  any  adjourned  meeting  if  the  adjournment  be  for  more  than  one  month; 
but  no  annual  meeting  shall  be  deemed  illegal  for  want  of  the  notice,  unless  it  shall  ap- 
pear that  the  omission  to  give  such  notice  was  wilful  and  fraudulent. 

3.  Special  district  meetings  may  be  called  by  the  high  school  district  board  when 
deemed  necessary,  and  shall  be  called  by  the  clerk,  or  in  his  absence  by  the  director  or 
treasurer  on  the  written  request  of  ten  legal  voters  of  the  district.  At  least  six  days'  pre- 
vious notice  of  any  such  special  meeting  shall  be  given  by  posting  notices,  specifying 
particularly  the  business  to  be  transacted,  in  four  or  more  public  places  in  the  district, 
one  of  which  shall  be  affixed  to  the  outer  door  of  every  public  schoolhouse  within  such 
high  school  district.  Any  such  special  meeting  may  be  adjourned  and  like  notice  of  such 
adjourned  meeting  shall  be  given.  No  tax,  loan  or  debt  shall  be  voted  at  a  special  meet- 
ing unless  notice  thereof,  stating  the  time,  place  and  object  of  such  meeting  and  specifying 
the  maximum  amount  to  be  voted,  be  posted  in  six  public  places  in  said  district,  including 
one  upon  the  outer  door  of  each  public  schoolhouse  therein,  and  published  in  all  public 
newspapers  in  such  district  at  least  six  days  before  such  meeting,  or  unless  three-fourths 
of  the  legal  voters  of  such  district  shall  have  been  notified,  either  personally  or  by  leaving 
such  notice  at  their  places  of  residence  at  least  six  days  before  the  time  for  such  meeting. 

4.  The  inhabitants  of  any  such  high  school  district  qualified  by  law  to  vote  at  a  school 
district  meeting,  when  assembled  at  the  first  and  at  each  annual  meeting  in  their  district, 
or  at  any  adjourned  meeting  thereof  in  such  a  district,  shall  have  all  the  power  relative 
to  their  district  conferred  by  section  430  upon  inhabitants  of  common  school  districts  at 
annual  meetings  relative  to  such  common  school  districts;  but  shall  not  be  limited  in  the 
amount  of  tax  to  be  voted  for  teachers'  wages  by  the  limitation  provided  in  subdivision  6 
of  said  section  430. 

5.  For  the  purpose  of  purchasing  a  schoolhouse  site  and  providing  for  and  aiding  in 
the  erection  of  high  school  buildings  and  furnishing  and  equipping  the  same  and  main- 
taining a  high  school,  any  such  school  district  may,  by  vote  of  the  electors  at  an  annual  or 
special  district  meeting  called  for  that  purpose,  authorize  the  high  school  board  to  pur- 
chase a  site  for  schoolhouse  and  to  erect  a  high  school  building  thereon  and  furnish  and 
equip  the  same,  and  to  borrow  money  to  an  amount  which  shall  not,  in  any  way,  exceed 
the  limitation  now  provided  by  law. 

The  resolution  to  be  voted  to  borrow  money  shall  be  in  writing  and  shall  specify  the 
amount  to  be  borrowed,  the  maximum  rate  of  interest  allowed  to  be  paid  and  the  time  and 
manner  of  payment,  which  shall  be  in  annual  instalments  or  otherwise,  the  last  of  which 
shall  be  payable  in  not  to  exceed  twenty  years  from  the  first  day  of  February  next  succeed- 
ing.    By  such  resolution  a  tax,  to  be  annually  collected,  in  addition  to  all  other  taxes,  suf- 

303 


Chap.  27  s.  494]  [The  Common  Schools. 

ficient  to  pay  when  due,  the  interest  annually  to  grow  due  on  aay  such  loan ;  and  also  to 
pay  and  discharge  the  principal  thereof  by  the  time  the  same  shall  be  due,  shall  be  levied. 
Such  resolution  shall  be  read  to  the  meeting  and  the  vote  taken  thereon  by  ballot;  the  bal- 
lots shall  be  written  or  printed,  those  in  favor  of  the  loan  "For  the  loan,"  those  opposed 
"Against  the  loan."  The  resolution  and  the  vote  shall  be  recorded.  If  a  majority  of  the 
ballots  cast  shall  be  in  favor  of  the  loan,  the  high  school  board  may  borrow  such  sum  of 
any  person  on  such  terms  and  execute  and  deliver  to  the  lender  such  obligation  therefor 
and  such  security  for  payment,  including  a  mortgage  or  pledge  of  real  or  personal  prop- 
erty of  the  district,  subject  to  the  direction  contained  in  the  resolution  by  voting,  as  may 
be  agreed  upon,  not  prohibited  by  law;  or  they  may  issue  bonds  of  such  high  school  dis- 
trict to  the  amount  and  according  to  the  directions  authorized  by  such  resolution  and  sell 
same  for  the  purpose  of  raising  money  for  the  object  stated  therein.  Any  bond  or  other 
obligation  so  issued  by  any  high  school  district  board  in  conformity  to  the  provisions  of 
this  act,  shall  be  valid  claims  against  the  high  school  district  authorizing  the  same. 

6.  The  proceeds  of  the  sale  of  such  bonds  or  obligations  shall  be  paid  into  the  high 
school  treasury  and  be  expended  only  for  the  purpose  for  which  the  same  were  voted. 
After  any  such  bonds  or  obligations  have  been  issued,  no  power  shall  exist  to  rescind  or 
reconsider  any  such  vote  or  obstruct  the  collection  of  such  tax. 

7.  The  purchase  of  the  high  school  site  and  the  erection  of  a  high  school  building, 
when  authorized  as  provided  in  this  act,  shall  be  conducted  by  the  high  school  board. 
[1913  c.  16] 

Schools  free;  teachers'  qualifications.  Section  494.  All  such  high  schools  shall  be 
free  to  all  pupils  resident  in  the  district.  Every  principal  of  such  school  shall,  in  addition 
to  his  qualifications  as  teacher  of  a  common  school,  be  a  graduate  of  some  university. 
college  or  normal  school,  hold  a  state  certificate  or  pass  an  examination  in  the  studies 
required  to  be  taught  in  any  such  school;  provided,  the  state  certificates  authorized  by  law 
and  the  certificates  authorized  by  section  496a  shall  qualify  their  holders  both  as  princi- 
pals and  as  teachers  of  common  schools;  and  each  principal  and  assistant  teacher  in  a 
free  high  school  shall  be  eligible  to  teach  only  on  approval  of  his  certificate  by  the  state 
superintendent;  and  the  high  school  board  or  boards  of  education  having  charge  of  such 
schools  shall  determine,  with  the  advice  and  consent  of  such  superintendent,  the  course 
of  study  and  minimum  standard  of  qualification  for  admission  to  the  same.  [R.  S.  1878 
9.  494;  1879  c.  245  s.  4;  1881  c.  146;  Ann.  Stats.  1889  s.  494;  1897  c.  354;  Stats.  1898 
€.  494] 

Winter  terms  in  high  schools.  Section  494a.  1.  The  high  school  boards  of  not  ex- 
ceeding fifteen  high  schools  may  each,  under  such  conditions  and  regulations  as  the  state 
superintendent  of  schools  may  prescribe,  establish  a  winter  term  commencing  between  the 
thirtieth  of  October  and  the  fifteenth  day  of  November,  and  continuing  each  year  for  a 
number  of  weeks  equal  to  one-half  the  number  of  weeks  school  is  maintained  for  the  reg- 
ular high  school  course  during  that  school  year. 

2.  'The  qualifications  for  admission  to  the  course  of  study  of  said  winter  term  shall  be 
those  prescribed  for  admission  to  the  regular  high  school  courses;  provided,  that  persons 
not  possessing  the  qualifications  required  for  admission  to  the  regular  courses  may  be  ad- 
mitted to  said  winter  term  course  upon  the  presentation  to  the  high  school  principal  of  evi- 
dence through  examination  or  otherwise  satisfactory  to  him  of  ability  to  carry  on  the  work 
of  said  course,  and  persons  between  the  ages  of  sixteen  and  twenty  years  so  admitted  shall 
be  entitled  to  the  privileges  prescribed  in  sections  496j  to  496o,  inclusive,  of  the  statutes, 
and  they  shall  also  be  entitled  to  enter  the  regular  high  school  classes  upon  evidence  satis- 
factory to  the  high  school  bo'ard  and  principal  of  their  ability  to  do  the  work  of  such 
classes. 

3.  The  course  of  study  for  such  winter  term  shall  receive  the  approval  of  the  state  su- 
perintendent; the  additional  teacher  or  teachers  necessary  to  administer  the  said  winter 
term  course  of  study  in  addition  to  the  regular  courses  of  the  school,  shall  be  selected  with 
his  advice  and  consent,  and  the  course  of  study  shall  be  administered  in  a  manner  to  meet 
his  approval.  Said  teacher  or  teachers  shall  have  the  qualifications  prescribed  for  teachers 
in  free  high  schools.  The  salary  of  said  teacher  or  teachers  shall  not  be  counted  in  appor- 
tioning the  general  special  aid  or  any  special  aid  for  agriculture,  manual  training  or  do- 
mestic science  for  a  school  administering  said  winter  term  course  under  the  provisions  of 
this  act. 

4.  On  the  first  day  of  July  of  each  year  the  clerk  of  each  such  high  school  board  shall 
report  to  the  state  superintendent,  in  such  form  as  may  be  required,  setting  forth  the  facts 
relating  to  the  cost  of  maintaining  the  department  established  under  this  act;  the  character 
of  the  work  done;  the  number  and  names  of  teachers  employed,  and  the  length  of  time  it 
was  maintained  during  the  preceding  year;  and  upon  the  receipt  of  such  report,  if  it  shall 
appear  that  the  department  has  been  maintained  in  a  satisfactory  manner,  according  to  the 

304 


Chap.  27  s.  495J  [The  Common  Schools. 

provisions  of  this  section,  the  said  superintendent  shall  make  a  certificate  to  that  effect  and 
file  it  with  the  secretary  of  state.  Upon  receiving  such  certificate  the  secretary  of  state 
shall  draw  his  warrant  upon  the  treasury  foi;  two-thirds  the  amount  actually  expended  for 
the  salary  or  salaries  of  said  additional  teacher  or  teachers  during  the  year  for  which  the 
state  aid  is  received,  not,  however,  to  exceed  five  hundred  dollars  for  any  one  school,  said 
aid  to  be  payable  from  the  appropriation  for  winter  term  in  high  schools  to  the  treasurer 
of  the  high  school  district  maintaining  the  school.      [1913  c.  346 ;  1915  c.  397] 

Taxation  for  maintenance  of  high  school.  Section  495.  1.  In  all  cases  where  a  free 
high  school  is  maintained  in  a  common  school  district  as  a  part  of  the  district  school 
system  in  a  district  in  whidi  the  electors  meet  annually  for  the  purpose  of  electing  offi- 
cers and  transacting  other  business,  said  electors  shall  include  in  their  appropriation  for 
the  purpose  of  maintaining  the  schools  for  the  then  current  school  year,  an  amount  suffi- 
cient to  maintain  said  high  school  department  for  a  period  of  at  least  nine  months;  said 
amount  to  be  certified  by  the  clerk  of  the  free  high  school  board  to  the  proper  town,  city 
or  village  clerk. 

2.  If  the  common  school  district  is  joint  of  parts  of  two  or  more  towns,  or  of  an 
incorporated  village  or  a  city  and  one  or  more  towns,  it  shall  be  the  duty  of  the  clerk  to 
certify  to  the  clerk  of  each  town  part  of  which  is  included  in  said  district,  and  to  the 
city  or  village  clerk  as  the-  case  may  be,  the  proportionate  amount  to  be  raised  by  such 
town  or  village  or  city,  said  proportion  to  be  determined  according  to  the  total  valuation 
of  all  the  taxable  property  as  equalized  by  the  boards  of  review,  statements  of  which 
shall,  as  soon  as  the  assessment  is  complete,  be  sent  by  the  respective  town,  village  or 
city  clerks  to  the  clerk  of  such  district.  Such  tax  shall  be  apportioned  on  the  next  tax 
roll  of  such  clerk  or  other  officer  making  the  roll  and  collected  and  returned  as  other 
taxes  and  paid  to  the  high  school  district  treasurer,  and  all  such  moneys  raised  and 
received  for  the  purpose  of  maintaining  said  free  high  school  shall  be  paid  out  only  on 
orders  drawn  and  countersigned  in  the  manner  prescribed  for  making  payments  in  com- 
mon school  districts.  Any  town  which  is  a  single  high  school  district  may  by  resolution 
adopted  at  the  annual  town  meeting  limit  the  amount  to  be  raised  for  high  school  purposes 
during  such  year.  In  case  of  a  joint  town  high  school  district  the  town  boards  of  the 
several  towns  may  by  joint  resolution  adopted  by  all  such  boards  before  the  first  day  of 
July  likewise  limit  the  amount  to  be  raised  therein. 

3.  If  the  electors  of  any  free  high  school  district  at  the  annual  or  at  a  subsequent 
special  district  meeting  held  prior  to  the  third  Monday  of  November  following,  shall  not 
vote  a  tax  sufficient  to  maintain  said  free  high  school  for  the  term  of  at  least  nine  months 
during  the  current  year,  the  free  high  school  board  must,  on  or  before  the  Wednesday 
next  following  said  third  Monday  of  November,  determine  the  sum  necessary  to  be  raised 
to  so  maintain  such  free  high  school,  and  the  clerk  shall  forthwith  certify  to  the  proper 
town,  city  or  village  clerks  the  amount  so  fixed.  Upon  receipt  of  this  certificate  the 
town,  village  or  city  clerks  shall  assess  the  same  as  other  taxes  are  assessed.  [1875  c.  3.23 
s.  8;  R.  S.  1878  s.  495;  Ann.  Stats.  1889  s.  495;  1897  c.  354;  Stats.  1898  s.  495;  1901 
c.  342  s.  1;  Supl.  1906  s.  495;  1907  c.  118;  1911  c.  102] 

Tax  levy  authorized  for  site  and  building.  Section  495a.  The  electors  of  any  town 
organized  as  a  town  free  high  school  district  are  authorized  at  any  annual  town  meeting 
or  special  town  meeting,  regularly  called,  to  levy  a  tax  upon  the  real  and  personal  prop- 
erty of  said  town  free  high  school  district  for  the  purpose  of  purchasing  a  site,  erecting 
a  suitable  school  building  thereon,  and  furnishing  said  building  with  the  necessary  furni- 
ture, and  heating  and  ventilating  apparatus.  [1903  c.  123  s.  1;  Supl.  19.06  s.  495a;  1907 
c.  118] 

union  free  high  schools. 

Establishment;  territory.  Section  495—1.  With  the  advice  and  consent  of  the 
state  superintendent  a  free  high  school  to  be  known  as  a  union  free  high  school  may  be 
established  and  maintained  in  any  town,  or  in  any  tract  of  contiguous  territory  with  an 
area  of  not  less  than  thirty-six  square  miles,  such  territory  to  be  bounded  by  town,  school 
district,  section,  or  half-section  lines  or  by  lines  bounding  in  part  an  existing  free  high 
school  district,  or  in  cases  where  impassable  streams,  lakes,  or  swamps  render  it  imprac- 
ticable to  follow  town,  school  district,  section,  or  half-section  lines  or  lines  bounding  in 
part  an  existing  free  high  school  district  such  natural  boundaries  may  be  substituted. 

No  such  union  free  high  school  district  shall  be  established  or  maintained  unless  at 
least  twenty-five  persons  of  school  age  resident  of  such  tract  of  territory  give  evidence, 
through  examination  or  otherwise,  satisfactory  to  the  state  superintendent,  that  they  are 
prepared  to  begin  a  high  school  course.     [1909  c.  493;  1911  c.  339] 
20  305 


Chap.  27  s.  495 — 2]  [The  Common  Schools. 

Question,  submitted  to  vote,  when;  petition;  notice;  election.  Section  495 — 2.  In 
case  the  tract  of  territory  is  entirely  included  in  one  town  and-said  tract  does  not  include 
within  its  boundaries  an  incorporated  village,  it  is  hereby  made  the  duty  of  the  town 
board  of  that  town  to  submit  the  question  of  establishing  such  union  free  high  school  to 
the  voters  of  such  tract  upon  filing  with  the  chairman  of  said  town  board  a  petition  pray- 
ing  for  such  submission  for  election.  Said  petition  shall  describe  the  boundaries  of  the 
proposed  union  free  high  school  district  and  shall  be  signed  by  at  least  one-fifth  of  the 
persons  resident  therein  and  qualified  to  vote  at  any  school  district  meeting.  The  chair- 
man shall  within  ten  days  after  the  receipt  of  the  petition  notify  the  clerk  of  his  town, 
and  the  clerk  shall  cause  at  once  ten  days'  notice  of  such  election  to  be  given  by  posting 
at  least  six  copies  thereof  in  at  least  six  different  public  places  in  such  tract  of  territory, 
or  by  publishing  such  notice  in  any  newspaper  published  therein  once  each  week  for 
two  weeks  immediately  prior  to  the  time  set  for  holding  the  election.  The  election  shall 
be  conducted  and  the  vote  canvassed  according  to  the  statutes  for  conducting  town  meet- 
ings.    [1909  c.  493] 

Territory,  embracing  two  or  more  towns;  procedure.  Section  495 — 3.  In  case  the 
said  tract  of  territory  shall  lie  in  two  or  more  towns  and  contains  no  incorporated  vil- 
lage, such  petition  may  be  presented  to  the  chairman  of  any  one  of  the  town  boards  of 
supervisors  of  such  towns,  and  this  chairman  shall,  within  five  days  of  the  receipt  of  said 
petition,  notify  the  other  chairman  or  chairmen  as  the  case  may  be,  of  the  receipt  of 
the  petition  and  shall  set  a  date  for  a  meeting  of  all  the  chairmen  of  the  towns  interested 
for  the  purpose  of  fixing  a  time  and  place  for  holding  such  union  free  high  school  elec- 
tion; and  it  shall  be  the  official  duty  of  said  chairman  to  meet  on  said  date  and  fix  upon 
the  time  and  place  for  holding  such  election^  If  any  chairman  is  unable  to  attend  he  shall 
delegate  one  of  the  other  supervisors  of  his  board  to  attend  upon  this  meeting  to  act  in 
his  place.  The  election  shall  be  noticed  and  conducted  for  the  entire  tract  of  territory 
which  is  to  be  included  in  the  proposed  union  free  high  school  district  by  the  town  board 
of  the  town  in  which  the  election  is  held  and  in  the  manner  provided  for  above  in  the  case 
where  all  the  territory  is  included  in  one  town.     [1909  c.  493] 

Territory,  including  incorporated  village;  procedure.  Section  495 — 4.  In  case  the 
tract  of  territory  which  it  is  proposed  to  form  into  a  union  free  high  school  district  shall 
contain  an  incorporated  village  the  petition  may  be  presented  to  any  town  chairman  as 
designated  above,  or  to  the  president  of  the  village.  It  shall  then  be  the  duty  of  the 
official  to  whom  the  petition  is  presented  to  notify  each  chairman  (or  the  village  presi- 
dent) of  the  receipt  of  such  petition  and  to  fix  a  time  and  place  for  a  meeting  of  said 
officers  for  the  purpose  of  fixing  a  day  for  holding  the  election.  The  election  for  the 
village  shall  be  held  in  the  village  on  the  same  day  the  election  for  the  territory  lying  out- 
side is  held  and  the  election  for  the  territory  lying  outside  the  village  and  which  it  is 
proposed  to  include  in  the  union  free  high  school  district  may  be  held  in  the  village  or 
at  any  other  convenient  place  agreed  upon  and  designated  in  the  notice.  The  election 
for  the  village  shall  be  noticed  and  conducted  and  the  votes  canvassed  in  the  manner  pro- 
vided by  statute  for  conducting  village  elections  and  the  election  for  that  territory  lying 
outside  the  village  limits  and  which  it  is  proposed  to  include  in  the  union  free  high 
school  district  shall  be  noticed  and  conducted  and  the  votes  canvassed  in  the  manner  pro- 
vided by  statute  for  noticing  and  conducting  town  elections.  If  this  outlying  territory 
comprises  parts  of  two  or  more  towns,  the  supervisors  at  the  meeting  referred  to  above 
shall  designate  the  town  the  officers  of  which  shall  notice,  control  and  direct  such  election. 
[1909  c.  493] 

Ballots;  form;  adoption.  Section  495 — 5.  In  all  cases  the  vote  shall  be  by  ballot, 
those  ballots  in  favor  being  written  or  printed  "For  the  union  free  high  school,"  those 
opposed  "Against  the  union  free  high  school,"  and  the  question  shall  not  be  adopted  unless 
a  majority  of  the  electors  voting  in  that  part  of  the  territory  outside  of  the  village  and  a 
majority  of  the  electors  voting  in  the  village,  shall  be  in  favor  thereof.     [1909  e.  493] 

Returns;  certification;  filing.  Section  495 — 6.  The  result  shall  be  certified  at  once 
by  the  election  officers  to  the  clerk  of  each  town  and  the  village  concerned  and  if  the 
question  be  adopted,  the  result  shall  also  be  certified  to  the  state  superintendent  by  the 
clerk  of  each  municipality  interested,  such  certificate  to  be  filed  with  the  state  superin- 
tendent within  six  days  after  the  election,  and  such  tract  of  territory  shall  upon  approval 
of  the  state  superintendent  constitute  a  union  free  high  school  district.     [1909  c.  493] 

Section  495— 6m.     [Repealed  by  1915  c.  138  s.  2] 

Existing  free  high  school  districts ;  abolished.  Section  495 — 7.  If  an  existing  free 
high  school  district  is  included  in  the  tract  or  territory  embraced  in  the  proposed  union 
free  high  school  district,  the  formation  of  the  union  free  high  school  district  and  the 

306 


Chap.  27  s.  495—8]  [The  Common  Schools. 

establishment  of  a  high  school  according  to  the  provisions  of  this  act  shall  annul  the 
organization  of  the  existing  free  high  school  district.      [1909  c.  493] 

Officers ;  election ;  terms ;  duties ;  separate  ballot  box.  Section  495 — 8.  The  officers 
of  such  high  school  district  shall  be  a  director,  treasurer  and  clerk,  who  shall  have  the 
same  authority,  be  charged  with  the  same  duties  and  be  under  the  same  liabilities  as  like 
officers  of  other  free  high  school  districts.  The  term  of  each  shall  be  three  years,  begin- 
ning with  the  annual  uiuon  free  high  school  district  meeting  held  on  the  third  Monday  in 
March,  and  each  officer  elected  shall  continue  in  office  until  his  successor  shall  have  been 
chosen :  provided,  that  at  the  first  election  the  clerk  shall  be  chosen  for  one  year,  the 
treasurer  for  two  years,  and  the  director  for  three  years,  and  all  of  said  officers  may  be 
chosen  at  the  same  election  at  which  the  question  of  establishing  a  union  free  high  school 
is  submitted.  In  such  case  a  separate  ballot  box  shall  be  provided  for  the  election  of 
officers,  and  a  plurality  of  the  votes  cast  shall  be  sufficient  to  elect.  In  case  an  incor- 
porated village  shall  be  included  in  the  proposed  union  free  high  school  district  the  offi- 
cers of  the  election  in  the  outside  territory  shall  meet  at  once  after  the  polls  are  closed, 
in  the  office  of  the  village  clerk  and  the  votes  for  said  officers  in  the  outside  territory  and 
in  the  village  shall  be  counted  as  a  joint  vote,  and  a  plurality  of  the  votes  cast  shall  be 
sufficient  to  elect. 

1  The  time  until  the  first  annual  meeting  shall  be  counted  as  the  first  year  in  determin- 
ing the  term  of  office.  Thereafter  officers  shall  be  elected  annually  in  place  of  those 
whose  terms  expire  at  the  annual  meeting  of  such  union  free  high  school  district.  [1909 
c.  493] 

Annual  meeting;  election  of  officers.     Section  495 — 9.     The  annual  union  free  high 
*  school  district  meeting  for  the  election  of  officers  and  the  transaction  of  other  business 
shall  be  held  on  the  third  Monday  in  March,  unless  that  be  a  legal  holiday,  in  which  case 
it  shall  be  held  the  next  day. 

The  election  of  district  officers  shall  be  held  in  some  convenient  room  in  the  union 
free  high  school  building,  if  there  be  such  building,  and  if  not,  then  in  some  other  con- 
venient room  determined  upon  by  the  board  and  specified  in  the  notice.  If  the  notice 
does  not  so  specify  it  shall  be  understood  that  the  building  in  which  the  last  annual  meet- 
ing was  held  shall  be  the  building  designated. 

The  election  .of  officers  shall  be  by  ballot  and  suitable  ballot  boxes  shall  be  provided 
therefor.  The  polls  shall  be  opened  at  one  o'clock  in  the  afternoon  of  the  day  fixed  by 
law  for  holding  the  annual  free  high  school  district  meeting  and  shall  be  closed  at  eight 
o'clock  of  the  same  day.  The  time  of  opening  and  closing  the  polls,  as  well  as  the 
place  of  holding  the  election,  shall  be  specified  in  the  notice  of  such  election  or  meeting, 
hut  a  failure  to  so  specify  the  time  of  opening  and  closing  the  polls  and  designating  the 
place  where  the  annual  meeting  or  election  is  to  be  held  and  conducted  shall  not  vitiate 
such  election. 

Immediately  after  the  polls  are  closed  and  the  ballots  counted,  the  electors  shall  organ- 
ize for  the  purpose  of  conducting  the  regular  and  usual  business,  other  than  the  election 
of  officers,  necessary  for  carrying  on  and  maintaining  the  union  free  high  school.  As 
soon  as  the  meeting  is  regularly  organized,  the  result  of  the  election  of  officers  shall  be 
declared. 

The  officers  conducting  the  election  shall  consist  of  the  union  free  high  school  district 
clerk  and  two  other  persons  selected  by  the  school  district  board.  If  an  incorporated 
village  is  comprised  in  the  district  one  officer  shall  be  selected  from  the  village  and  one 
from  the  territory  lying  outside  of  the  village  and  included  in  the  union  free  high  school 
district.  The  inspectors  and  clerks  of  this  election  shall  make  and  keep  a  list  of  all  the 
electors,  men  and  women,  voting  at  the  election. 

The  amount  of  compensation  paid  to  the  inspectors  or  clerks  of  election  shall  be  such 
sum  as  may  be  agreed  upon  by  the  district  board,  not  to  exceed  two  dollars  for  each 
inspector  engaged  and  acting  in  conducting  this  election,  said  compensation  to  be  paid 
from  any  funds  in  the  treasury  of  the  school  district  not  otherwise  appropriated.  [1909 
c.  493;  1911  c.  339;  1915  c.  181] 

Auditing  accounts;  report.  Section  495 — 10.  It  shall  be  the  duty  of  the  district 
board  to  meet  on  the  Saturday  immediately  preceding  the  annual  meeting,  carefully  exam- 
ine the  accounts  of  the  treasurer  and  make  up  a  full  and  itemized  report  of  all  receipts 
and  expenditures  since  the  last  annual  meeting,  of  the  amount  in  the  hands  of  the  treas- 
urer or  the  amount  of  the  deficit,  if  any,  for  which  the  district  is  liable,  of  the  amount 
necessary  to  be  raised  by  taxes  for  the  report  [support]  of  the  school  for  the  ensuing 
year,  and  of  the  amount  required  to  pay  the  interest  or  principal  of  any  debt  due  or  to 
become  due  during  the  year;  which  report  shall  be  submitted  in  writing  at  the  annual 

307 


Chap.  27  s.  495 — 11]  [The  Common  Schools. 

meeting  and  recorded  by  the  clerk  at  length  with  the  action  thereon  in  the  proceedings 
of  the  meeting.     [1909  c.  493] 

Notices;  posting.  Section  495 — 11.  The  clerk  shall  give  at  least  six  days'  pre- 
vious notice  of  the  annual  meetings  by  posting  notices  therefor  in  six  or  more  public 
places  in  the  district,  one  of  which  shall  be  affixed  to  the  outer  door  of  the  union  free 
high  school  building,  if  there  be  one  in  the  district,  and  he  shall  give  like  notice  for  any 
adjourned  meeting  if  the  adjournment  be  for  more  than  one  month;  but  no  annual  meet- 
ing shall  be  deemed  illegal  for  want  of  due  notice,  unless  it  shall  appear  that  the  omis- 
sion to  give  such  notice  was  wilful  and  fraudulent.     [1909  c.  493]  * 

Special  meetings;  business;  tax;  loans.  Section  495 — 12.  Special  meetings  shall  be 
called  by  the  clerk  or  in  his  absence  by  the  director  or  treasurer  on  the  written  request 
of  twenty  legal  voters  of  the  district,  and  notices  thereof  specifying  particularly  the 
business  to  be  transacted  shall  be  posted  in  the  manner  prescribed  for  calling  the  annual 
meeting;  and  the  electors  when  lawfully  assembled  at  a  special  meeting  shall  have  power 
to  transact  the  same  business  as  at  the  first  or  annual  meeting  except  the  election  of 
officers.  But  no  more  than  one  such  special  meeting  to  consider  the  same  subject  shall  be 
held  in  the  district  in  the  same  school  year.  No  tax  or  loan  or  debt  shall  be  voted  at  a 
special  meeting  unless  three-fourths  of  the  legal  voters  shall  have  been  notified  either 
personally  or  by  a  written  notice  left  at  their  places  of  residence,  stating  the  time,  place 
and  objects  of  the  meeting,  and  specifying  the  amount  proposed  to  be  voted  at  least  six 
davs  before  the  time  appointed  therefor,  exclusive  of  the  day  on  which  the  meeting  is 
to  "be  held.     [1909  c.  493] 

Who  entitled  to  vote.  Section  495 — 13.  Every  resident  elector  of  the  district  shall 
he  entitled  to  vote  at  any  annual  meeting;  provided,  such  elector  has  resided  therein  for 
at  least  thirty  days  next  preceding  any  meeting.      [1909  c.  493] 

District  electors;  powers.  Section  495 — 14.  The  inhabitants  of  any  school  district 
Cjualified  by  law  to  vote  at  a  high  school  district  meeting  when  assembled  at  the  first  and 
each  annual  meeting  in  their  district  or  at  any  adjournment  thereof,  shall  have  power: 

(1)  To  appoint  a  chairman  for  the  time  being,  and  in  the  absence  of  the  clerk  to 
appoint  some  person  to  -act  in  his  stead,  and  the  person  so  appointed  shall  certify  the 
proceedings  of  such  meeting  to  the  district  clerk,  who  shall  enter  the  same  in  the  records 
of  the  district  and  file  and  preserve  the  certificate  of  such  temporary  clerk. 

(2)  To  adjourn  from  time  to  time  as  occasion  may  require. 

(3)  To  vote  such  tax  as  the  meeting  shall  deem  sufficient  to  purchase  or  lease  a  suit- 
able site  for  a  schoolhouse,  to  build,  hire,  or  purchase  a  schoolhouse  and  to  keep  in  repair 
and  furnish  the  same  with  necessary  furniture  and  ventilating  and  heating  apparatus, 
and  to  provide  for  the  equipment  and  maintenance  of  the  union  free  high  school. 

(4)  To  authorize  and  direct  the  sale  of  any  union  free  high  schoolhouse,  site  or 
other  property  belonging  to  the  union  free  high  school  district  when  the  same  shall  be 
no  longer  needed  for  use  in  the  district. 

(5)  To  impose  such  a  tax  as  may  be  necessary  to  discharge  any  debts  or  liabilities  of 
the  district  lawfully  incurred. 

(6)  To  authorize  the  union  free  high  school  district  board  to  borrow  money  as  pro- 
vided in  the  statutes. 

(7)  To  authorize  the  union  free  high  school  board  district  board  to  purchase  text- 
books for  use  in  such  high  school,  to  be  loaned  or  furnished  pupils  under  such  conditions 
as,  by  such  vote  and  regulations  of  the  board  thereunder,  may  be  prescribed. 

(8)  To  determine  the  length  of  time  a  union  free  high  school  shall  be  taught  in  said 
union  free  high  school  district  the  then  ensuing  year,  which  time  shall  not  be  less  than 
nine  months. 

(9)  In  cases  where  a  union  free  high  school  district  consists  of  two  or  more  entire  con- 
gressional townships,  and  the  electors  of  such  union  free  high  school  district  desire  to 
establish  another  union  free  high  school  district,  the  boundaries  of  said  union  free  high 
school  district  may  be  changed  and  another  union  free  high  school  district  set  off,  pro- 
vided a  majority  of  the  electors,  men  and  women,  of  the  entire  territory  of  said  original 
union  free  high  school  district  shall,  at  an  election  called  and  held  in  the  manner  now 
provided  by  the  statutes  for  holding  an  election  for  the  formation  of  a  union  free  high 
school  district,  vote  in  favor  of  said  division ;  the  lines  of  division  to  correspond  with  town- 
ship lines.      [1909  c.  493;  1913  c.  315] 

Vacancy.  Section  495 — 15.  The  board  may  fill  by  appointment  any  vacancy  that 
may  occur  in  their  number  within  ten  days  after  such  vacancy  shall  occur;  and  if  such 
vacancy  shall  not  be  so  filled,  the  town  or  village  clerk- of  the  town  or  village  in  which 
the  union  free  high  schoolhouse  is  situated  shall  fill  such  vacancy  by  appointment.  Any 
person  u.ppn. being  notified  of  his  appointment  shall  be  deemed  to  have  accepted  the  same 

308 


Chap.  '27  s.  495 — 16]  [The  Common  Schools. 

unless  within  five  days  thereafter  he  shall  file  with  the  clerk  or  director  a  written  refusal 
to  serve,  and  any  person  so  appointed  shall  hold  office  until  the  next  annual  meeting,  at 
which  the  electors  shall  fill  such  vacancy  for  the  unexpired  term.      [1909  c.  493] 

Taxes.  Section  495 — 1C.  If  any  union  free  high  school  district  at  its  annual  or  at 
any  subsequent  special  meeting  prior  to  the  third  Monday  of  November  following,  shall 
not  vote  a  tax  sufficient  to  maintain  a  union  free  high  school  for  the  term  of  nine  months 
during  the  current  year,  the  board,  on  or  before  the  next  Wednesday  following  said 
third  Monday  in  November  shall  determine  the  sum  necessary  to  be  raised  to  maintain 
such  school,  and  the  clerk  shall  forthwith  certify  to  the  town  or  village  clerks  the  amount 
so  assessed  avIio  shall  assess  the  same  as  other  district  taxes  are  assessed.     [1909  c.  493] 

Incorporation  of  part  of  territory  into  village  or  city.  Section  495 — 17.  The  incor- 
poration of  a  part  of  the  territory  of  a  union  free  high  school  district  organized  under 
the  i^rovisions  of  this  act,  as  a  village  or  city  shall  not  affect  the  organization  of  such 
union  free  high  school  district.      [1909  c.  493] 

Levy  and  collection  of  taxes.  Section  495 — 18.  All  taxes  provided  for  in  this  act 
shall  be  levied  and  collected  as  in  the  case  of  single  or  joint  common  school  districts  of 
the  state.     [1909  c.  493] 

Laws  applicable.  Section  495 — 19.  All  acts  and  parts  of  acts  relating  to  town  free 
high  schools  not  conflicting  with  the  preceding  sections  shall  be  in  force  and  effect  and 
shall  apply  to  union  free  high  schools  established  under  this  act,  and  the  provisions  relat- 
ing to  state  aid  to  town  free  high  schools  shall  be  applicable  to  all  union  free  high  schools 
established  under  this  act.     [1909  c.  493] 

Dissolution  of  union  free  high  school  districts.  Section  495 — 20.  1.  The  electors 
of  the  territory  comprising  a  union  free  high  school  district  may,  at  any  annual  or  special 
or  adjourned  meeting  or  election,  vote  upon  the  question  of  surrendering  the  certificate  of 
organization  of  the  union  free  high  school  district  and  the  dissolving  of  the  union  free 
high  school  district;  provided,  that  one-fifth  of  the  electors  therein  shall  have  signed  a  peti- 
tion within  the  year  when  such  election  shall  be  held,  praying  for  the  submission  of  such 
question  at  such  meeting  or  election  and  shall  have  filed  the  same  with  the  clerk  of  such 
union  free  high  school  district  at  least  twenty  days  before  such  meeting  or  election  ;  and  ex- 
cept as  herein  otherwise  provided  no  such  meeting  or  election  shall  be  held  within  four 
years  after  the  date  when  such  district  was  organized ;  provided  that  where  there  has  been 
a  failure  to  purchase  a  site  and  commence  the  erection  of  a  proper  school  building  thereon, 
within  one  year  after  the  issuing  of  the  certificate  of  establishment,  such  election  may  be 
held  at  any  time  after  the  termination  of  said  year. 

2.  Upon  the  filing  of  such  petition  with  said  clerk,  he  shall,  where  petitions  are  already 
on  file  at  the  time  of  the  passage  of  this  act,  within  a  reasonable  time  thereafter,  cause  ten 
days'  notice  of  such  purpose  to  be  given  by  posting  at  least  six  copies  thereof  in  at  least 
six  different  public  places  in  such  tract  or  territory  composing  such  union  free  high  school 
district  or  by  publishing  such  notice  in  any  newspaper  published  in  said  territory  ten  days 
prior  to  the  time  set  for  holding  such  meeting.  The  vote  shall  be  taken  and  conducted  in 
the  manner  prescribed  by  section  495 — 9  of  the  statutes  for  the  election  of  officers.  Those 
ballots  in  favor  of  the  surrendering  of  the  certificate  and  dissolution  of  the  union  free  high 
school  district  shall  be  written  or  printed  "for  surrender"  those  opposed  ''against  sur- 
render," and  such  union  free  high  school  district  shall  not  be  dissolved  unless  a  majority 
of  the  votes  cast  shall  be  in  favor  thereof.  If  there  be  in  such  union  high  school  district 
an  incorporated  village  there  must  be  a  majority  of  the  votes  cast  separately  in  the  village 
and  in  the  territory  outside  the  village  in  the  union  high  school  district  in  favor  thereof. 
In  no  case  shall  such  dissolution  be  effective  until  the  end  of  the  school  year  in  which  such 
meeting  or  election  is  held,  but  after  a  vote  has  been  taken  to  dissolve  any  district  no  bonds 
shall  be  issued  nor  any  tax  voted  therein. 

3.  After  the  dissolution  of  any  such  district,  the  property  of  such  dissolved  district  shall 
be  disposed  of  and  the  assets  and  debts  shall  be  apportioned  and  distributed  subject  to  and 
in  the  manner  provided  by  section  424  of  the  statutes,  so  far  as  the  provisions  thereof  can 
be  made  applicable  therefor.     [1913  c.  292;  1915  c.  138] 

STATE  AID  FOR  HIGH  SCHOOLS.* 

State  aid  to  free  high  schools.  Section  496.  1.  Any  free  high  school  district  which 
shall  have  established  not  more  than  two  free  high  schools  according  to  the  provisions  of 
these  statutes  and  shall  have  maintained  the  same  for  not  less  than  eight  months  in  any 

*  The  sections  under  this  and  the  following  subtitle  were  included  under  the  subtitle  "free  high 
schools"  in  the  statutes  of  1898,  but  the  insertion  of  sections  495 — 1  to  495 — 19  made  it  necessary 
to  supply  the  new  subtitles. 

309 


Chap.  2/  s.  496a J  [The  Common  Schools. 

school  year,  shall  be  entitled  to  receive  from  the  general  land  of  the  state  annually  one-halt' 
of  the  amount  actually  expended  for  instruction  in  its  high  school  during  such  year  over 
and  above  the  amount  required  by  law  to  be  expended  for  common  school  purposes,  but  not 
to  exceed  in  one  year  five  hundred  dollars  to  one  district;  provided,  that  this  limitation 
shall  not  apply  to  town  or  union  free  high  schools. 

2.  To  obtain  such  aid,  the  high  school  board,  or  in  cities  not  under  a  county  superin- 
tendent, the  president  and  secretary  of  the  board  of  education,  and  the  treasurer  shall,  on 
or  before  the  first  day  of  August  report  to  the  state  superintendent  under  their  oaths  the 
amount  actually  expended  for  instruction  in  the  high  school  during  the  previous  school 
year,  specifying  the  several  items  thereof  with  the  date  and  object  of  each  fully,  where- 
upon the  said  superintendent  shall,  on  or  before  the  first  day  of  October,  fix  the  amount  to 
be  paid  each  such  district  and  certify  the  same  to  the  secretary  of  state,  who  shall  there- 
upon draw  his  warrant  on  the  state  treasurer  for  such  amounts  in  favor  of  such  districts,, 
which  shall  be  paid  at  any  time  after  the  first  day  of  October  out  of  the  general  fund  in  the 
state  treasury ;  provided,  that  the  state  superintendent  may  refuse  to  certify  such  state  aid 
for  any  free  high  school  district  in  which  the  scope  and  character  of  the  work  are  not 
maintained  in  such  manner  as  to  meet  his  approval  or  in  which  the  high  school  building, 
the  outhouses  and  grounds  or  the  furniture  and  equipment  are  not  maintained  in  good  con- 
dition and  kept  clean  and  free  from  any  unsanitary  features;  or  in  which  the  high  school  is- 
not  provided  with  sufficient  equipment,  including  globes,  maps,  blackboards,  library,  scien- 
tific apparatus,  and  other  essentials  for  the  proper  work  of  the  school,  or  for  failure  to  com- 
ply with  any  of  the  provisions  of  the  free  high  school  law.  He  may  order  and  direct  that 
an  amount  equal  to  the  whole  or  part  of  such  state  aid  for  any  year  shall  be  expended  in 
the  purchase  of  proper  equipment  and  in  case  of  failure  of  the  district  to  comply  with  such 
direction,  he  shall  withhold  from  the  aid  to  that  district,  an  amount  equal  to  the  sum  or- 
dered to  be  expended. 

3.  Whenever,  owing  to  any  failure  or  neglect  to  make  the  report  required  by  law,  any 
free  high  school  shall  fail  to  have  apportioned  to  it,  its  share  of  the  state  aid,  the  state  su- 
perintendent may,  at  the  time  of  making  the  next  annual  apportionment,  fix  an  amount  ten 
per  centum  less  than  the  amount  which  said  school  district  would  have  been  entitled  to  had 
it  complied  with  the  provisions  of  this  section,  and  certify  the  same  to  the  secretary  of  state, 
and  the  secretary  of  state  shall  thereupon  draw  his  warrant  for  such  amount  or  amounts  in 
favor  of  such  district. 

4.  "Whenever  a  free  high  school  shall  have  been  so  established  and  maintained  in  a  dis- 
trict composed  of  a  town,  or  a  town  and  an  incorporated  village  within  the  town,  or  two  or 
more  towns,  or  of  two.  or  more  towns  and  an  incorporated  village  in  one  or  both  of  them,, 
or,  according  to  the  provisions  of  section  495 — 1  of  the  statutes,  upon  receiving  the  report 
provided  for  in  subsection  2  of  this  section,  it  shall  be  the  dutj'  of  the  state  superintendent 
to  make  a  separate  and  distinct  class  of  schools  thus  established,  and  each  such  school  shall 
be  entitled  to  receive  from  the  general  fund  of  the  state  annually,  one-half  the  amount  ac- 
tually expended  for  instruction  therein;  and  said  superintendent  shall  fix  the  amount  to  be 
paid  to  each  of  said  high  schools  and  certify  the  same  to  the  secretary  of  state  at  the  time 
and  in  the  manner  he  is  now  required  to  fix  and  certify  to  him  the  amount  to  be  paid  to 
high  school  districts;  provided,  that  the  amount  so  appropriated  to  any  high  school  having 
a  principal  and  one  assistant  shall  not  exceed  nine  hundred  dollars,  and  the  amount  so  ap- 
propriated to  any  high  school  having  a  principal  and  two  assistants  shall  not  exceed  twelve 
hundred  dollars,  and  the  amount  so  appropriated  to  any  high  school  having  a  principal  and 
three  or  more  assistants  shall  not  exceed  fifteen  hundred  dollars. 

5.  The  secretary  of  state  shall  annually  include  and  apportion  in  the  state  tax  all  such- 
sums  as  shall  have  been  paid  to  district,  town,  or  union  free  high  schools,  in  accordance 
with  the  provisions  of  subsections  2,  3  and  4  of  this  section,  which  sum  shall  be  in  addition 
to  all  other  sums  levied  for  the  year.  [1875  c.  323  s.  12-14;  R.  S.  1878  s.  496;  1879  c.  245 
.<.  5;  1883  c.  273;  1885  c.  352  s.  1,  2;  1885  c.  420;  1889  c.  466;  Ann.  Stats.  1889  s.  491a,. 
491b,  496;  1891  c.  332;  1897  c.  354;  Stats.  1898  s.  491a,  491b,  496;  1899  c.  214;  1901  c.  345 
s.  1-3;  Supl.  1906  s.  491a,  491b,  496;  1907  c.  118,  527,  571;  1909  c.  257;  1911  c.  555;  1913 
c.  161,  558] 

COURSES  OF   STUDY  IX  FREE  HIGH   SCHOOLS. 

Supervision  and  course  of  study.  Section  496a.  The  state  superintendent  shall 
prepare  a  course  or  courses  of  study  suitable  to  be  pursued  in  free  high  schools,  publish 
the  same  and  furnish  the  same  upon  application.  He  shall  exercise  such  personal  super- 
vision and  make  such  personal  inspection  of  the  work  of  all  such  schools  as  they  seem  to 
require  and  the  other  duties  of  his  office  may  warrant;  he  shall  examine  or  cause  to  be 
examined  all  teachers  of  high  schools,  required  by  law  to  pass  special  examinations  to 

310 


Chap.  27  s.  4966]  .        [The  Common.  Schools. 

qualify  them  for  teaching  in  high  schools,  and  gram  certificates  to  such  as  pass  examina- 
tions satisfactorily,  which  certificates  shall  be  in  such  form  and  for  such  time  as  he  may 
prescribe,  and  shall  authorize  the  holder  to  teach  in  such  special  place  or  places,  or  in 
the  whole  state,  as  the  qualifications  of  the  candidate  may  warrant.  Said  superintendent 
shall  furnish  suitable  blanks  for  annual  and  special  reports  for  all  such  schools,  which 
shall  require  returns  as  to  the  number,  age  and  sex  of  all  pupils  enrolled,  the  number  in 
each  class  or  year  in  the  course  of  stud}',  the  number  of  pursuing  English  brandies  only, 
the  number  completing  the  course  of  study  each  year  and  such  other  statistics  as  may  be 
deemed  necessary.  [1S83  c.  325;  18S5  c.  242;  Ann.  Stats.  1339  s.  496a;  1897  c.  354; 
Stats.  1S9S  s.  496a;  1901  e.  439  s.  8;  Supl.  1906  s.  496a;  1907  c.  113;  1911  c.  199;  1911 
c.  661  s.  22] 

Vocational  training.  Section  4966.  1.  Any  board  having  charge  of  a  free  high 
school  or  of  a  high  school  having  a  course  of  study  equivalent  to  the  course  prescribed  by 
the  state  superintendent  for  such  free  high  schools  may  establish  and  maintain  in  connec- 
tion with  the  high  school  under  its  management,  in  counties  where  county  training'  schools, 
or  joint  county  training  schools  have  not  been  established,  a  teachers'  training  course, 
which  shall  be  especially  approved  by  the  state  superintendent  as  to  subjects  required  to 
be  taught,  and  the  qualifications  of  teachers,  or  in  connection  with  said  high  school  and  the 
two  upper  grades  next  below  the  high  school,  as  said  board  shall  decide,  a  department  of 
manual  training,  or  domestic  economy,  or  agriculture,  or  any  or  all  of  said  departments. 

2.  The  expense  of  maintaining  such  departments  shall  be  provided  for  in  the  same 
manner  as  other  expenses  of  maintaining  such  schools,  and  such  departments  shall  be 
under  the  management,  direction  and  control  of  such  board. 

3.  The  state  superintendent  shall,  so  far  as  his  other  duties  may  warrant,  give  such 
information  and  assistance  as  may  seem  necessary  in  organizing  and  maintaining  such 
departments,  and  in  arranging  schemes  and  outlines  of  work;  and  with  the  aid  of  the 
inspector  of  high  schools,  and  when  occasion  shall  require  it,  with  the  aid  of  the  inspec- 
tors of  graded  schools,  shall  have  the  general  supervision  of  all  departments  established 
under  this  section;  and  shall  from  time  to  time  inspect  the  same,  make  such  recommenda- 
tions relating  to  their  management  as  he  may  deem  necessary,  and  make  such  report 
thereon  as  shall  give  full  information  concerning  their  number,  character  and  efficiency. 

4.  The  state  superintendent  shall  establish  a  standard  of  qualification  for  all  teachers 
in  such  departments,  and  may  grant  special  certificates  to  such  ap]  licants  as  are  fully 
qualified  to  instruct  in  special  lines  of  work,  which  certificates  shall  be  in  such  form  and 
for  such  time  as  he  may  prescribe,  and'  shall  be  regarded  as  qualifying  the  holders 
thereof  to  teach  in  those  departments  established  under  sections  4966  and  49Gc  which 
shall  be  named  in  such  certificates.  [1895  c.  358  s.  1-4;  1397  c.  351;  Stats.  1898  s.  496d; 
[1907  c.  503;  1911  c.  545;  1911  c.  664  s.  117;  1913  c.  555] 

State  aid  for  vocational  training  departments.  Section  496c.  1.  Any  school  whose 
course  of  study  or  outline  of  work  in  teachers'  training,  manual  training,  domestic 
economy,  or  agriculture,  has  been  approved  by  the  state  superintendent  and  whose  teacher 
has  been  qualified  may,  upon  application,  be  placed  upon  the  approved  list  of  schools  main- 
taining such  a  department  or  departments. 

2.  A  school  once  entered  upon  such  list  may  remain  there  and  be  entitled  to  state  aid  so 
long  as  the  scope  and  character  of  its  work  are  maintained  in  such  manner  as  to  meet  the 
approval  of  such  superintendent.  On  the  first  day  of  July  in  each  year  the  clerk  of  each 
school  board  maintaining  such  department  or  departments  in  the  school  or  schools  under 
its  jurisdiction,  or  the  city  superintendent  of  any  city  where  such  an  approved  school 
is  maintained,  shall  report  to  the  state  superintendent  in  such  form  as  may  be  required, 
setting  forth  the  facts  relating  to  the  cost  of  maintaining  the  department  or  department^ 
established  under  sections  4966  and  496c,  the  character  of  the  work  done,  the  number  and 
names  of  teachers  employed,  and  the  length  of  time  each  department  was  maintained  dur- 
ing the  preceding  year.  And  upon  the  receipt  of  such  report,  if  it  shall  appear  that  .the 
department  has  been  maintained  in  a  satisfactory  manner  for  a  period  of  not  less  than  six- 
months  during  the  year,  the  said  superintendent  shall  make  a  certificate  to  that  effect  and 
file  it  with  the  secretary  of  state. 

3.  Upon  receiving  such  certificate  the  secretary  of  state  shall  draw  his  warrant  for  one- 
half  the  amount  actually  expended  for  instruction  in  each  department  established  under 
sections  4966  and  496c  during  the  year  for  which  the  state  aid  is  received,  not,  howrever,  to 
exceed  three  hundred  and  fifty  dollars  for  each  department  established  under  sections  4966 
and  496c  and  496c — 3  which  shall  have  been  maintained  in  connection  with  the  high  school 
and  the  two  upper  grades  next  below  the  high  school,  but  not  to  exceed  two  hundred  and 
fifty  dollars  for  each  department  established  under  sections  4966  and  496c  which  shall 
have  been  connected  with  only  the  high  school.     Provided,  however,  that  no  one  school  dis- 

311 


Chap.  27  s.  496c — 1  [The  CoiiMON  School*. 

trict  shall  receive  aid  in  any  one  year  for  more  than  three  such  departments.  The  sum 
payable  in  accordance  herewith  to  be  payable  to  the  treasurer  of  the  district  or  corporation 
maintaining  the  school  for  the  school  year  ending  June  30,  19137  and  thereafter;  provided, 
that  the  total  amount  expended  for  such  purpose  shall  not  exceed. one  hundred  thousand 
dollars  in  any  year,  which  is  hereby  appropriated  from  any  moneys  in  the  general  fund 
not  otherwise  appropriated. 

4.  Any  board  having  charge  of  a  free  high  school,  or  of  a  high  school  having  a  course  of 
study  equivalent  to  the  course  of  study  prescribed  by  the  state  superintendent  for  free  high 
schools,  in  counties  where  county  training  schools  or  joint  county  training  schools  have  not 
been  established,  may  establish  and  maintain  in  connection  with  such  high  school  a  teachers' 
training  course,  which  shall  be  especially  approved  by  the  state  superintendent  as  to  sub- 
jects required  to  be  taught,  and  the  qualifications  of  teachers  in  such  course. 

5.  On  the  first  day  of  July  in  each  year  the  board  of  education  of  the  high  school  dis- 
trict, maintaining  in  connection  with  its  high  school  such  a  department  of  teachers'  train- 
ing, as  provided  in  subsection  1  of  section  4966,  shall  report  to  the  state  superintendent 
setting  forth  the  facts  relating  to  the  cost  of  instruction  in  this  department  of  such  schools, 
the  character  of  the  work  done,  the  number  and  names  of  teachers  employed,  the  number 
of  pupils  enrolled  in  this  department,  the  number  of  graduates  for  that  year,  and  such 
other  matters  as  may  be  required.  Upon  receipt  of  such  report,  if  it  shall  appear  that  the 
school  has  been  maintained  in  a  satisfactory  manner  for  a  period  of  not  less  than  nine 
months,  during  the  year  closing  the  thirtieth  day  of  June  preceding,  the  state  superintend- 
ent shall  make  a  certificate  to  that  effect  and  file  it  with  the  secretary  of  state.  Upon  re- 
ceiving such  certificate  the  secretary  of  state  shall  draw  his  warrant,  payable  to  the  treas- 
urer of  such  high  school  district  so  maintaining  such  department  in  such  high  school,  for 
an  amount  equal  to  the  sum  expended  for  the  wages  of  the  duly  approved  and  qualified 
teachers  employed  in  this  department  of  such  school  for  at  least  nine  months  during  said 
school  year. 

6.  No  course  for  the  training  of  teachers  shall  be  established  in  a  high  school  ernploy- 
ing  less  than  four  teachers,  including  the  principal,  and  unless  the  teacher  employed  to 
give  instruction  in  professional  work  and  practice  teaching  shall  be  a  graduate  of  the  ad- 
vanced course  from  a  Wisconsin  state  normal  school  or  a  school  offering  a  course  of  study 
equivalent  to  the  course  of  study  offered  in  the  Wisconsin  state  normal  schools,  and  who 
shall  in  addition  present  evidence  satisfactory  to  the  state  superintendent  of  having  at 
least  two  years  of  successful  experience  as  a  teacher,  and  who  shall  devote  her  full  time  to 
the  work  of  this  department,  and  at  least  ten  pupils  must  have  elected  to  take  such  train- 
ing course  during  the  current  year,  and,  provided  further,  that  no  school  shall  be  continued 
on  the  list  of  schools  offering  cour.-^s  for  the  training  of  teachers  unless  the  work  done 
therein  shall  meet  the  approval  of  the  state  superintendent. 

7.  Any  person  wdio  shall  complete  in  a  satisfactory  manner  the  course  of  study  pre- 
scribed for  such  department  in  such  high  school,  and  who  shall  be  of  good  moral  character, 
shall  receive  a  certificate,  signed  by  the  principal  of  such  school  and  by  the  members  of  the 
board  of  education,  of  such  high  school  district.  Said  certificate  shall  certify  that  the  per- 
son therein  named  has  satisfactorily  completed  the  course  of  study  prescribed  for  such 
teachers'  training  course,  and  is  of  good  moral  character.  It  shall  also  contain  a  list  of 
standings  secured  by  the  person  on  the  conrpletion  of  each  of  the  studies  pursued  in  the 
school.  Such  certificate  shall  have  the  same  force  and  effect  as  is  prescribed  for  certificates 
by  section  411 — 6  of  the  statutes  relating  to  county  training  schools.  [1895  c.  358  s.  5-8; 
Stats.  1898  s.  496c;  1899  c.  273  s.  1,  2;  Supl.  1906  s.  496c;  1907  c.  118,  503;  1911  c.  545; 
1911  c.  661  s.  117;  1913  c.  474,  555,  656] 

Joint  employment  of  manual  training  teacher.  Section  496c — 1.  By  and  with  the 
advice  and  consent  of  I  he  state  superintendent  of  public  instruction,  the  district  board  or 
boards  of  education  of  two  or  more  school  districts  each  of  which  maintains  a  free  high 
school,  may  unite  in  engaging  the  services  of  a  suitable  teacher  or  teachers  of  manual 
trail jt:  for  the  purpose  of  giving  instruction  in  manual  training  in  the  schools  of  the 
distrWs  so  uniting.  Each  of  the  school  districts  so  uniting  shall  pay  such  share  of  the 
salary  of  the  instructor  or  instructors  of  manual  training  as  shall  be  proportionate  to  the 
time  devoted  to  instruction  in  manual  training  in  the  schools  of  each  said  districts.  Each 
school  district  included  in  such  agreement  and  giving  instruction  in  manual  training  in 
accordance  with  the  provisions  of  this  chapter  shall  receive  the  state  aid  provided  for  in 
this  chapter,     [1907  c  503;  1911  c.  491} 

Publication  of  financial  report  of  high  school  districts.  Section  496c — 2.  It  shall 
be  the  duty  of  the  school  board  of  every  town  high  school,  and  union  free  high  school  in 
the  state,  to  publish,  or  cause  to  be  published,  or  posted  in  five  prominent  places,  during 
the  week  preceding  the  annual  meeting,  a  summarized  financial  report  of  receipts  and  dis- 

312 


Chap.  27  s.  49(ic — 3j  [The  Common  Schools. 

bursements  for  the  preceding  year  for  such  district,  and  the  recommendations  for  the  fol- 
lowing year,  in  a  newspaper  published  within  the  town,  city  or  village  where  such  school 
is  located;  said  report  not  to  exceed  five  folios,  and  in  case  there  is  no  newspaper  published 
within  such  town,  city  or  village,  then  such  report  shall  be  published  in  any  newspaper 
having  a  general  circulation  in  such  town,  city  or  village,  and  published  within  the  county 
where  such  school  is  located.     [1913  c.  109] 

High  schools;  commercial  course.  Section  496c — 3.  1.  Any  high  school  which  shall 
establish  and  maintain  a  course  or  courses  in  stenography,  typewriting,  bookkeeping  and 
other  commercial  subjects  shall  be  entitled  to  and  shall  receive  special  state  aid  therefor  in 
like  manner  and  under  like  conditions  as  is  provided  in  sections  496&  and  496c  of  the 
statutes  for  high  schools  maintaining  courses  in  manual  training,  domestic  science  or 
agriculture;  provided,  that  the  maximum  which  any  high  school  may  receive  under  this 
section  shall  be  three  hundred  fifty  dollars. 

2.  The  board  of  education  of  any  such  high  school  may  restrict  admission  to  said 
courses  in  stenography,  bookkeeping  and  other  commercial  subjects  to  high  school  stu- 
dents, and  may  withhold  graduation  or  certification  of  students  from  such  courses  until 
such  students  have  completed  the  regular  high  school  course. 

3.  Stale  aid  for  high  schools  for  stenography,  typewriting,  bookkeeping  and  other 
commercial  subjects  shall  be  paid  from  the  appropriation  made  for  high  schools  maintain- 
ing courses  in  manual  training,  domestic  science  or  agriculture.     [1913  c.  373;  1915  c.  552] 

Shoit  course  of  agriculture  and  domestic  science  in  high  schools.  Section  496c — 4. 
1.  Any  number  not  exceeding  twenty  high  schools  offering  agriculture  or  domestic  science 
courses,  under  the  provisions  of  section  496d  of  the  statutes,  may  each,  under  such  condi- 
tions and  regulations  as  the  state  superintendent  of  schools  may  prescribe,  establish  and 
maintain  a  sixteen  weeks'  course  in  agriculture,  including  rural  economics,  or  domestic 
science,  including  home  economics,  or  both,  in  connection  with  such  high  school  commencing 
about  November  first  of  each  year  for  pupils  over  fourteen  years  of  age;  provided,  that 
this  special  course  shall  not  be  approved  for  any  school  unless  the  teaching  force  shall  be 
adequate  to  properly  administer  all  courses  adopted  and  in  force  in  such  school.  The  ad- 
ditional teaching  force  needed  and  all  other  expense  of  maintaining  such  courses  shall  be 
provided  for  in  the  same  manner  as  other  expenses  of  maintaining  such  high  school.  The 
salarjr  of  said  additional  teacher  or  teachers  shall  not  be  counted  in  apportioning  the  gen- 
eral special  aid  or  any  special  aid  for  agriculture  or  domestic  science  for  a  school  adminis- 
tering such  sixteen  weeks'  course  in  agriculture  or  domestic  science.  The  tuition  for  all 
pupils  attending  such  sixteen  weeks'  course  shall  be  paid  by  the  town  at  the  same  rate  and 
in  the  same  manner  as  is  provided  by  section  496/,-  of  the  statutes,  except  that  no  diploma 
or  certificate  of  the  county  superintendent  of  completion  of  the  course  of  study  in  the  dis- 
trict shall  be  required. 

2.  Any  such  high  school  so  establishing  and  maintaining  such  course  upon  complying 
with  all  the  provisions  of  section  496c  of  the  statutes  may,  upon  application,  be  placed 
upon  an  approved  list  of  schools  maintaining  such  short  course  in  agriculture  or  domestic 
science.  The  clerk  of  such  school  board  shall  make  report  to  the  state  superintendent  at 
the  same  time  and  in  the  same  manner  and  form  as  required  by  section  496c  of  the  statutes. 
Upon  receipt  of  such  report,  if  it  appears  that  such  coui-se  has  been  maintained  in  a  man- 
ner satisfactory  to  the  state  superintendent,  at  least  eighty  minutes  daily  for  said  sixteen 
weeks,  under  the  direct  instruction  of  a  teacher  holding  a  special  license  from  the  state  su- 
perintendent to  teach  such  sjjecial  subject,  the  state  superintendent  shall  make  a  certificate 
to  that  effect  and  file  it  with  the  secretary  of  state.  Upon  receiving  such  certificate  the  sec- 
retary of  state  shall  draw  his  warrant  for  the  sum  of  two  hundred  dollars  for  each  of  the 
special  courses  maintained,  the  sum  payable  in  accordance  herewith  to  be  payable  to  the 
treasurer  of  the  district  maintaining  the  school ;  provided  that  the  total  amount  expended 
by  the  state  for  that  purpose  shall  not  exceed  eight  thousand  dollars  in  any  one  year.  [1913 
c.  635] 

SPECIAL   STATE   AID    FOR   GEADED   SCHOOLS. 

State  graded  schools;  special  state  aid;  conditions.  Section  496d.  The  school  board 
of  any  school  district  maintaining  a  graded  school  but  no  free  high  school  nor  a  school 
of  a  grade  equivalent  to  a  free  high  school,  town  free  high  schools  excepted,  may  receive 
special  state  aid  as  hereinafter  provided  upon  full  compliance  with  the  following  condi- 
tions : 

Classes.  (1)  There  shall  be  two  classes  of  state  graded  schools  in  Wisconsin,  known 
respectively  as  first  class,  and  second  class;  all  state  graded  schools  of  three  or  more  de- 
partments shall  be  in  the  first  class,  and  all  graded  schools  of  two  departments  shall  be  in 
the  second  class. 

313 


Chap.  27  s.  49Ge]  [The  Common  Schools. 

Maintenance;  attendance.  (2)  Schools  shall  be  maintained  in  the  district  receiving 
such  aid,  at  least  nine  school  months,  including  legal  holidays,  in  each  and  every  depart- 
ment. At  least  three  departments  in  schools  of  the  first  class"  and  both  departments  in 
schools  of  the  second  class  shall  have  an  average  daily  attendance  of  not  less  than  fifteen 
pupils  for  the  entire  school  year,  to  entitle  the  school  to  state  aid, 

Teachers.  (3)  All  persons  employed  in  both  classes  of  graded  schools  applying  for 
state  aid  shall  be  competent  teachers  and  shall  be  qualified  as  follows :  The  principal  of 
a  state  graded  school  of  the  first  class  shall  hold  some  form  of  a  state  license  or  state  cer- 
tificate. In  each  school  of  this  class  one  assistant  may  hold  a  third  grade  certificate,  or  a 
certificate  of  a  higher  grade,  provided  such  assistant,  if  holding  a  third  grade  certificate 
shall  have  had  at  least  one  year's  successful  experience  as  a  teacher  in  the  public  schools 
of  Wisconsin;  one  assistant  may  hold  a  second  grade  certificate,  or  a  certificate  of  a 
higher  grade,  and  all  other  assistants  shall  hold  first  grade  certificates,  state  licenses,  or 
state  certificates.  The  principal  of  a  state  graded  school  of  the  second  class  shall  hold  a 
first  grade  county  certificate,  and  shall  have  had  not  less  than  one  year  of  successful  ex- 
perience as  a  teacher  in  a  public  school,  or  a  second  grade  certificate  and  shall  have  had 
not  less  than  two  years  of  successful  experience  as  a  teacher  in  a  public  school,  or  some 
form  of  a  state  certificate,  provided  that  the  testimonial  of  successful  experience  herein 
required  shall  be  issued  by  the  county  superintendent  of  schools  of  the  county  in  which 
the  certificate  is  in  force,  and  a  copy  of  such  testimonial  shall  be  filed  with  the  clerk  of 
the  state  graded  school ;  and  the  assistant  shall  hold  a  third  grade  certificate,  or  a  certifi- 
cate of  a  higher  grade,  provided  such  assistant,  if  holding  a  third  grade  certificate,  shall 
also  have  had  one  year's  successful  experience  as  a  teacher  in  the  public  schools  of  Wis- 
consin. The  word  "principal"  is  hereby  interpreted  as  meaning  the  teacher  of  the  high- 
est grade  or  grades  in  the  schools  who  shall  have  immediate  supervision  of  all  the  grades ; 
the  word  "assistant"  is  hereby  interpreted  as  meaning  each  and  every  teacher  in  the  state 
graded  school  other  than  the  principal. 

Buildings.  (4)  The  schoolhouse  or  schoolhouses,  the  outhouses,  and  the  grounds,  the 
furniture,  and  equipment,  shall  be  maintained  in  good  condition  and  kept  free  from  any 
unsanitary  feature. 

Equipment.  (5)  Sufficient  equipment,  including  globes,  maps,  blackboards,  library, 
and  other  essentials  for  the  proper  work  of  the  school  shall  be  provided  by  the  school 
district. 

State  aid.  (6)  When  the  school  board  of  any  school  district  desires  to  secure  state 
aid  for  its  graded  school,  said  school  board  shall  make  written  application  for  the  same  to 
the  state  superintendent.  No  graded  school  shall  be  entitled  to  be  placed  upon  the  list  of 
state  graded  schools  and  to  receive  special  state  aid  until  said  school  shall  have  been  duly 
inspected  by  the  state  superintendent,  or  some  member  of  his  staff,  and  found  to  be  fully 
complying  with  all  the  conditions  of  this  section. 

Application.  (7)  In  order  that  any  graded  school  may  receive  special  state  aid  as 
herein  provided,  application  shall  be  made  to  the  state  superintendent  by  the  school  board 
before  the  first  day  of  September  preceding  the  school  year  for  which  said  special  state 
aid  is  requested.  [1901  c.  439  s.  9;  1905  c.  289  s.  1;  Supl.  1906  s.  496d;  1907  c.  118,  374; 
1909  e.  289;  1911  c.  449;  1911  c.  663  s.  30] 

Aid  for  second  class,  two  hundred  dollars;  total  annual  aid,  one  hundred  twenty 
thousand  dollars.  Section  49Ge.  1.  Any  school  district  which  shall  have  maintained 
a  graded  school  of  the  first  class  in  accordance  with  the  provisions  of  this  section  shall  be 
entitled  to  receive  from  the  general  fund  of  the  state,  annually,  the  sum  of  three  hundred 
dollars.  Any  school  district  which  shall  have  maintained  a  graded  school  of  the  second 
class  in  accordance  with  the  provisions  of  this  section  shall  be  entitled  to  receive  from  the 
general  fund  of  the  state,  annually,  the  sum  of  two  hundred  dollars. 

2.  To  obtain  such  state  aid  the  school  board  shall,  on  or  before  the  first  day  of  August 
of  each  year  succeeding  the  school  year  in  which  application  is  made,  report  to  the  state 
superintendent,  under  their  oaths,  that  such  state  graded  school  has  complied  with  all  the 
provisons  of  this  section.  Thereupon,  the  said  state  superintendent  shall  fix  the  amount 
to  be  paid  such  district,  and  certify  the  same  to  the  secretary  of  state,  the  secretary  of 
state  shall  then  draw  his  warrants  upon  the  state  treasurer  for  the  several  claims  of  the 
school  districts. 

3.  The  secretary  of  state  shall  annually  include  and  apportion  in  the  state  tax  such 
sum  as  shall  have  been  certified  by  the  state  superintendent  under  the  provisions  of  this 
section. 

4.  Upon  receipt  of  the  annual  state  taxes  said  state  treasurer  shall  pay  to  the  school 
district  treasurers,  the  several  amounts  called  for  by  such  warrants. 

314 


Chai\  27  s.  496/]  [The  Common  Schools. 

5.  The  state  superintendent  is  hereby  empowered  to  refuse  state  aid  to  any  school  dis- 
trict which  in  his  judgment  has  failed  to  comply  with  the  provisions  of  this  section. 

6.  Any  school  district  which  shall  have  maintained  a  graded  school  of  the  first  or  second 
class,  in  which  special  instruction  in  agriculture  and  such  other  industrial  subjects  as  may 
be  prescribed  by  the  state  superintendent  of  public  instruction  shall  have  been  offered,, 
shall  receive  in  addition  to  the  amount  heretofore  mentioned,  an  appropriation  of  one  hun- 
dred dollars  annually,  provided  that  the  course  of  study  in  agriculture  and  the  other  indus- 
trial subjects  prescribed  by  the  state  superintendent  shall  have  been  followed,  that  the  work 
shall  have  .been  presented  in  an  efficient  manner  by  a  competent  teacher,  and  shall  have  been 
approved  by  the  state  superintendent,  or  some  member  of  his  staff. 

7.  Whenever  two  or  more  school  districts  maintaining  one-department  rural  schools 
shall  consolidate  and  establish  and  maintain  in  such  enlarged  district  a  state  graded  school 
of  either  the  first  or  second  class,  and  shall  provide  transportation  for  all  persons  living 
more  than  two  miles  from  such  consolidated  school,  according  to  the  provisions  of 'section 
419e  of  the  statutes,  then  there  shall  be  apportioned  to  such  district,  in  addition  to  the 
apportionments  heretofore  authorized,  an  additional  sum  of  one  hundred  dollars  annually, 
as  special  state  aid,  provided  such  consolidated  district  shall  fully  comply  with  all  the  pro- 
visions of  the  law  relating  to  state  graded  schools.  [1901  c.  439  s.  10;  1905  c.  232;  Supl. 
1906  s.  496c;  1907  c.  118,  375;  1911  c.  663  s.  31;  1913  c.  513] 

Inspectors  of  graded  and  high  schools;  salaries.  Section  496/.  The  state  superin- 
tendent shall  inspect  and  supervise  the  state  graded  and  free  high  schools,  and  give  infor- 
mation and  needed  assistance  to  localities  in  organizing  such  schools.  [1901  c.  439  s.  11; 
Supl  1906  s.  496f;  1907  c.  118,  472;  1907  c.  676  s.  14;  1913  c.  513;  1913  c.  772  s.  114] 

Course  of  study;  reports.  Section  496g.  The  state  superintendent  shall  prepare  a 
course  of  study  suitable  to  be  pursued  in  graded  schools,  publish  the  same,  and  furnish 
to  school  boards  upon  application.  This  course  of  study  shall  be  followed  by  all  state 
graded  schools,  as  one  condition  of  securing  special  state  aid.  Said  state  superintendent 
shall  furnish  suitable  blanks  for  annual  and  special  reports  for  all  such  state  graded 
schools,  which  reports  shall  call  for  such  information  as  he  may  deem  necessary.  The 
refusal  or  neglect  of  the  school  board  or  any  of  its  officers  to  file  these  reports  with  the 
state  superintendent  when  called  for,  shall  be  deemed  sufficient  ground  for  refusing  spe- 
cial state  aid,  as  provided  for  in  this  act,  [1901  c.  439  s.  12;  Supl.  1906  s.  496g;  1907 
c.  118] 

Number  limited;  incorporated  cities  excluded.  Section  49G/k  No  more  than  one 
such  graded  school  in  any  village,  or  school  district  or  subdistrict  shall  receive  state  aid  as 
herein  provided,  nor  shall  any  graded  school  in  any  incorporated  city  participate  in  said 
state  aid.     [1901  c.  439  s.  13;  Supl.  1906  s.  496h;  1907  c.  118] 

Nonresident  tuition  in  first  class  graded  schools.  Section  496/i — 1.  1.  The  school 
board  of  any  school  district  maintaining  a  first-class  state  graded  school  as  defined  in  sec- 
tion 496d,  which  in  addition  to  the  regular  course  of  study  provided  for  state  graded 
schools,  offers  a  course  of  instruction  in  the  ninth  and  tenth  grades  which  has  been  adopted 
by  the  board  and  approved  by  the  state  superintendent,  shall  admit  nonresident  pupils  to 
the  privileges  of  the  ninth  and  tenth  grades  in  such  first-class  state  graded  school  whenever 
the  teaching  and  seating  facilities  will  warrant,  provided  that  the  parents  or  guardians  of 
such  pupils  live  in  a  school  district  not  maintaining  a  public  high  school  or  a  state  graded 
school  of  the  first  class  offering  instruction  in  the  ninth  and  tenth  grades,  and  provided 
such  pupils  have  completed  the  course  of  study  offered  in  the  home  district,  which  must 
have  been  at  least  equivalent  to  the  course  of  study  provided  for  the  common  schools  of 
Wisconsin,  and  who  hold  a  certificate  or  diploma  to  that  effect  signed  by  the  county  super- 
intendent of  schools  of  the  county  in  which  the  parents  or  guardians  reside.  In  such  cases 
the  school  board  of  such  school  district  shall  be  entitled  and  is  hereby  authorized  and  di- 
rected to  collect  from  the  town  or  village  in  which  the  parents  or  guardians  of  such  pupils 
reside  a  sum  not  to  exceed  one  dollar  per  week  as  tuition  for  the  number  of  weeks  that 
each  such  pupil  was  enrolled  in  the  said  first-class  state  graded  school  for  the  purpose  of" 
taking  the  ninth  and  tenth  grade  work  as  offered  in  such  schools. 

2.  A  statement  of  the  amount  of  tuition  due  such  first-class  state  graded  school  district 
shall  be  rendered  to  the  towns  and  villages  in  which  the  parents  or  guardians  of  such  pupils 
reside,  and  the  amount  shall  be  levied,  collected  and  paid  in  the  same  manner  as  tuition  is 

■now  collected  and  paid  free  high  school  districts  for  the  schooling  of  nonresident  pupils, 
as  provided  in  sections  496j  to  496o  of  the  statutes. 

3.  No  district  maintaining  a  first-class  state  graded  school  offering  a  course  of  instruc- 
tion in  the  ninth  and  tenth  grades  shall  be  privileged  to  collect  pay  for  tuition  as  provided 
in  this  section,  unless  the  course  of  study  shall  have  been  especially  approved  by  the  state 
superintendent,  and  unless  the  work  done  in  the  ninth  and  tenth  grades  shall  have  been 

315 


Chap.  2/  s.  49(3jj  [The  Common  Schools. 

efficient  and  especially  approved  by  the  inspector  of  state  graded  schools  for  the  year  in 
which  the  tuition  for  nonresident  pupils  is  demanded.  And  .provided  further  that  the 
teaching  force  in  the  school  shall  have  been  adequate  for  giving  instruction  in  the  first  eight 
grades  and  in  the  ninth  and  tenth  grades,  and  that  the  work  done  in  the  first  eight  grades 
shall  have  been  efficient  and  up  to  the  standard  required  for  state1  graded  schools  as  set  by 
the  state  superintendent.     [1915  c.  194] 

Section  496/.     [Repealed  by  1913  c.  513  s.  2] 

NONRESIDENT  TUITION    FEE   IN  HIGH   SCHOOLS. 

When  nonresident  may  be  admitted  to  free  high  schools.  Section  496j.  The  free 
high  school  board  of  any  free  high  school  district  organized  under  the  laws  of  this  state, 
shall  admit  to  the  high  school  under  its  control,  whenever  the  facilities  for  seating  and 
instruction  will  warrant,  any  person  of  school  age  prepared  to  enter  such  school,  who  may 
reside  in  any  town  or  incorporated  village,  but  not  within  any  free  high  school  district, 
and  who  shall  have  completed  the  course  of  study  in  the  school  district  in  which  he  re- 
sides, or  one  equivalent  thereto.  Persons  so  admitted  shall  be  entitled  to  the  same  privi- 
leges and  be  subject  to  the  same  rules  and  regulations  as  pupils  of  the  school  who  are 
residents  of  the  free  high  school  district.  [190T  c.  183  s.  1;  1903  e.  329  s.  1;  Supl  1906 
s.  496 j;  1907  c.  118] 

Nonresident  tuition  in  graded  schools.  Section  496j — 1.  1.  The  school  board  or 
board  of  education  in  any  incorporated  city  maintaining  a  graded  system  of  schools  of  at 
least  twelve  grades,  but  no  free  high  school,  the  four  upper  grades  of  which  contain  sub- 
stantially the  same  amount  and  character  of  work  as  adopted  and  offered  in  free  high 
schools  established  according  to  the  provisions  of  section  490  of  the  statutes,  shall  admit 
to  the  privileges  of  the  four  upper  grades  or  high  school  department  of  such  graded 
system  of  schools,  whenever  the  facilities  in  the  four  upper  grades  or  high  school  depart- 
ment will  permit,  nonresident  pupils,  whose  parents  or  guardians  live  in  a  school  district 
not  maintaining  a  free  high  school  or  one  equivalent  thereto,  and  who  have  completed  the 
course  of  study  offered  in  the  home  school  district  which  must  have  been  at  least  equiva- 
lent to  the  course  of  study  provided  for  the  common  schools  of  Wisconsin,  and  who  hold 
certificates  or  diplomas  to  that  effect  signed  by  the  county  superintendent  of  schools  of 
the  county  in  which  the  parents-  or  guardians  reside.  In  such  cases  the  school  board  or 
board  of  education  of  such  city  school  district  shall  be  entitled,  and  is  hereby  authorized 
and  directed,  to  collect  from  the  town  or  village  in  which  the  parents  or  guardians  of  such 
persons  reside  a  sum  not  to  exceed  one  dollar  per  week  as  tuition,  which  shall  entitle  such 
persons  to  all  the  privileges  accorded  to  the  resident  pupils  of  such  school  district  and 
which  shall  be  in  full  for  all  charges  for  the  schooling  of  such  persons.  In  case  any  such 
city  school  district  shall  not  comply  with  the  provisions  of  this  section  it  shall  be  de- 
prived of  its  right  to  share  in  the  apportionment  of  the  seven-tenths  mill  tax  for  the  year 
in  which  the  provisions  of  this  section  were  violated. 

2.  Said  dollar  per  week  tuition  shall  be  collected  and  paid  in  the  same  manner  as  tui- 
tion is  now  collected  and  paid  to  free  high  school  districts  for  the  schooling  of  nonresident 
pupils,  as  provided  in  sections  496j  to  496o  of  the  statutes.     [1913  c.  515] 

Tuition  fee,  statement  of.  Section  496A;.  Whenever  persons,  not  residing  in  any 
free  high  school  district  and  having  completed  the  course  of  study  in  the  school  district  in 
which  they  reside,  or  one  equivalent  thereto,  as  herein  provided,  enter  any  free  high  school 
in  Wisconsin,  or  any  free  high  school  in  another  state,  which  is  nearer  to  the  home  of  such 
persons  than  any  free  high  school  in  this  state,  offering  a  course  of  study  equivalent  to  the 
course  of  study  in  free  high  schools  in  Wisconsin,  the  free  high  school  board  of  that  dis- 
trict shall  be  entitled  and  is  hereby  authorized  to  charge  a  tuition  fee  for  such  pupils  not 
to  exceed  one  dollar  per  week.  On  or  before  the  first  day  of  July  in  each  year,  the  secre- 
tary of  the  free  high  school  board  shall  make  a  sworn  statement  to  the  clerk  of  the  city, 
town  or  village  from  which  any  jDerson  may  have  been  admitted  to  said  free  high  school. 
Said  statement  shall  set  forth  the  residence,  name,  age  and  date  of  entrance  to  such  school, 
and  the  number  of  months'  attendance  during  the  preceding  school  year  of  each  person  so 
admitted  from  such  city,  town  or  village;  this  statement  shall  show  the  amount  of  tuition 
which,  under  the  provisions  of  this  act,  the  district  is  entitled  to  receive  for  each  person 
reported  as  having  been  a  member  of  the  school  from  such  city,  town  or  village,  and  the 
aggregate  sum  for  tuition  for  all  persons  so  admitted  from  each  city,  town  or  village,  which 
statement  shall  be  filed  as  a  claim  against  the  town,  city  or  village  where  such  person  re- 
sides, and  allowed  as  other  claims  are  allowed.  [1901  c.  188  s.  2;  1903  c.  329  s.  2;  Supl. 
1906  s.  496k;  1907  c.  118;  1913  c.  325,  631] 

Common  school  diploma  to  be  filed  as  basis  for  claim  for  high  school  tuition.  Section" 
4961.     1.  A  certificate  or  common  school  diploma  issued  by  or  under  the  direction  of  the 

31  fi 


I." hap.  27  s.  4DU,/,j  [The  Common  Schools. 

county  or  district  superintendent  of  schools,  setting  forth  that  the  holder  thereof  has  com- 
pleted the  course  of  study  in  the  school  district  in  which  he  resides,  or  one  equivalent 
thereto,  which  course  shall  be  at  least  equivalent  to  the  course  of  study  provided  by  the 
state  superintendent  for  the  common  schools  of  the  state,  or  a  duly  certified  copy  thereof, 
shall  be  evidence  of  the  completion  of  the  course  of  study  as  provided  in  this  section. 

2.  Such  certificate  or  diploma  or  a  certified  copy  thereof  shall  be  filed  with  the  secre- 
tary of  the  free  high  school  district,  upon  admission  of  the  holder  to  the  free  high  school. 
All  diplomas,  certificates  or  certified  copies  thereof,  so  filed  shall  be  attached  to  the  sworn 
statement  of  such  secretary,  when  making  claim  for  tuition  to  the  town  in  which  such 
person  resides  as  hereinbefore  provided  for.  [1903  c.  329  s.  3;  Supl.  1906  s.  4961;  1907 
c.  118;  1911  c.  251;  1911  c.  664  s.  34] 

How  tuition  collected  in  villages.  Section  496m.  The  village  clerk  shall  enter  upon 
the  tax  roll  of  the  village  for  the  ensuing  year  such  sums  as  may  be  due  for  tuition  on 
account  of  residents  of  the  village  who  have  attended  such  free  high  school  or  schools, 
and  the  amounts  so  entered  shall  be  collected  when  and  as  other  taxes  are  collected,  and 
shall  be  paid  when  so  collected,  to  the  treasurer  of  the  free  high  school  district  or  dis- 
tricts, where  such  persons  have  attended  the  free  high  school  or  schools.  [1901  c.  188 
s.  3;  1903  c.  329  s.  4;  Supl.  1906  s.  496m;  1907  c.  118] 

How  collected  in  towns.  Section  496«.  The  clerk  of  any  town  not  having  within 
its  territory  a  free  high  school  district,  shall  enter  upon  the  tax  roll  of  the  town  for  the 
ensuing  year  such  sums  as  may  be  due  for  tuition  on  account  of  residents  of  the  town 
who  have  attended  such  free  high  school  or  schools,  ond  the  amounts  so  entered  shall  be 
collected  when  and  as  other  taxes  are  collected,  and  shall  be  paid  when  so  collected,  to  the 
treasurer  of  the  free  high  school  district  where  such  persons  have  attended  the  free  high 
school  or  schools.     [1901  c.  188  s.  4;  1903  c.  329  s.  5;  Supl.  1906  s.  496n ;  1907  c.  118] 

How  collected  in  portion  of  town  or  city  not  in  district.  Section  496o.  The  clerk 
of  any  town  or  city,  a  portion  of  which  constitutes  or  forms  a  part  of  a  free  high  school 
district,  shall  enter  upon  the  tax  roll  for  that 'part  of  the  town  or  city,  not  within  a  free 
high  school  district,  such  sums  as  may  be  due  for  tuition  on  account  of  residents  of  that 
portion  of  the  town  or  city,  that  have  attended  such  free  high  school  or  schools,  and  the 
amounts  so  entered  shall  be  collected  when,  and  as  other  taxes  are  collected,  and  shall  be 
paid  when  so  collected,  to  the  treasurer  of  the  free  high  school  district  or  districts  where 
such  persons  have  attended  the  free  high  school  or  schools.  [1901  c.  188  s.  5;  1903  c.  329 
s.  6;  Supl.  1906  s.  496o;  1907  c.  118] 

buildings  in  high  school  districts. 

Question  to  be  submitted  to  vote.  Section  496p.  Upon  the  filing  with  the  town 
clerk  or  clerks  of  each  town  included  in  any  town  free  high  school  district  and  with  the 
village  clerk  of  any  village  included  therein,  a  petition  in  writing  signed  by  at  least  ten 
per  cent  of  the  qualified  electors  of  such  town  high  school  district  as  determined  by  the 
last  preceding  gubernatorial  election  asking  to  have  submitted  to  a  vote  of  the  electors  of 
said  district  the  question  of  erecting  a  new  school  building  therein  or  building  an  addi- 
tion to  a  sehoolhouse  or  furnishing  such  building  with  necessary  furniture  and  heating 
and  ventilating  apparatus,  the  supervisors  of  the  several  towns  and  the  trustees  of  any 
village  included  in  any  such  joint  free  high  school  district,  shall  give  notice  of  an  election 
to  be  held  in  such  towns  or  town  and  towns  and  village  for  the  purpose  of  voting  upon 
such  question,  which  shall  be  submitted  to  be  voted  upon  in  the  form  of  a  resolution  em- 
bodying the  question  to  be  submitted  and  the  amount  of  money  proposed  to  be  raised  for 
such  purpose  upon  which  the  electors  shall  vote  aye  or  nay.  and  such  resolution  shall  be 
adopted  if  a  majority  of  the  total  vote  in  the  entire  joint  free  high  school  district  be  in 
favor  thereof.  Before  issuing  notice  of  such  election  the  town  clerks  of  the  several  towns 
and  villages,  if  any,  included  in  such  school  district,  shall  meet  and  determine  on  a  time  for 
holding  such  election^  which  shall  be  held  in  each  town  and  village  upon  the  same  day  at 
eight  o'clock  in  the  afternoon ;  and  within  ten  days  after  such  election  shall  have  been  had 
the  clerks  of  the  several  towns  and  villages  included  in  such  district  shall  meet  and  can- 
vass the  returns  of  such  election  and  announce  the  result  thereof  and  make  a  written  re- 
port thereon  and  file  the  same  with  the  clerks  of  the  several  towns  and  villages  included  in 
such  school  district.  Such  election  shall  be  noticed  and  conducted  and  the  votes  counted 
in  the  several  towns  as  at  town  meetings  and  in  a  village,  if  any,  as  at  village  elections. 
[1905  c.  351;  Supl.  1906  s.  496p;  1907  c.  118;  1915  c.  181] 

Town  free  high  school;  buildings;  construction.  Section  496^> — 1.  In  all  cases 
where  the  electors  of  a  town  or  the  electors  of  a  town  and  an  incorporated  village,  or  of  a 
town  and  a  citv  shall  vote  to  establish  a  town  free  high  school  as  provided  by  law,  it  shall 

317 


Chap.  27  s.  496/> — 2 J  [The  Common  Schools. 

be  lawful  for  the  electors  of  the  town  free  high  school  district  and  the  electors  of  any 
ordinary  school  district,  joint  or  entire,  to  direct  and  authorize  their  respective  school* 
boards  or  boards  of  education  to  enter  into  an  agreement  binding  upon  the  districts  inter- 
ested whereby  a  building  in  which  the  town  free  high  school  and  the  district  school  or 
schools  may  be  housed,  may  be  erected  and  maintained  jointly  by  the  town  free  high  school 
district  and  the  other  district  interested.      [1909  c.  498} 

Union  free  high  school  joint  buildings.  Section  496p — 2.  It  shall  be  lawful  for  the 
electors  of  any  union  free  high  school  district  and  the  electors  of  any  ordinary  school  dis- 
trict included  within  the  union  free  high  school  district,  to  direct  and  authorize  their  re- 
spective school  boards  or  boards  of  education  to  enter  into  an  agreement  binding  upon  the- 
districts  interested  whereby  a  building  in  which  the  free  high  school  and  the  district  school 
or  schools  may  be  housed,  may  be  erected  and  maintained  jointly  by  the  union  free  high 
school  district  and  the  other  district  .interested.     [1911  c.  294} 

STATE  AID   FOR   TRANSPORTATION   AND   TUITION  OF.  RURAL   PUPILS. 

Conditions  for  state  aid;  how  obtained.  Section  496q-.  Whenever  the  electors  of 
any  rural  school  district  maintaining  a  one  or  two  department  rural  school,  shall  direct 
the  school  board  or  the  town  board  of  school  directors  to  close  the  district  school,  and  pro- 
vide transportation  and  tuition  for  all  persons  of  school  age,  who  may  desire  to  attend 
school,  at  a  district  maintaining  a  one  or  two  department  rural  school,  or  a  state  graded 
school,  or  the  grades  below  the  free  high  school  in  a  free  high  school  district,  each  such 
rural  school  district  shall  receive  special  state  aid  in  the  sum  of  one  hundred  fifty  dollars 
annually  upon  complying  with  the  following  conditions : 

(1)  Transportation  and  tuition  shall  be  provided  for  at  least  thirty-two  weeks  includ- 
ing legal  holidays  for  all  persons  of  school  age  desiring  to  attend  school  during  the  school 
year. 

(2)  The  average  daily  attendance  of  the  pupils  transported  under  the  provisions  of 
this  act  from  any  district  or  subdistrict  to  the  school  in  any  rural  school  district,  or  to  a 
state  graded  school,  or  to  the  grades  in  a  district  maintaining  a  free  high  school  shall  be 
at  least  eighty  per  cent  of  the  entire  number  enrolled  for  transportation  to  such  school 
during  each  term  of  school. 

(3)  The  district  board  shall  in  all  cases  where  the  school  is  closed  and  transportation 
is  provided  by  a  team,  enter  into  a  written  contract  in  the  name  of  the  district  with  one  or 
more  persons,  whereby  it  is  agreed  that  such  person  or  persons  are  to  safely  and  carefully 
carry  or  provide  for  carrying  the  children  to  and  from  the  school  or  schools  in  the  dis- 
trict where  provision  has  been  made  for  their  schooling. 

(4)  The  driver  of  each  transportation  wagon  shall  be  of  good  moral  character,  trust- 
worthy and  responsible ;  shall  furnish  a  safe  team  and  a  suitable  and  comfortable  bus  or 
wagon  well  supplied  for  protections  against  stormy  and  inclement  weather;  such  driver 
shall  have  control  of  and  be  responsible  for  the  good  order  and  behavior  of  the  children 
while  in  the  conveyance  going  to  and  returning  from  school,  and  shall  prohibit  the  use  of 
profane  or  unseeming  language  upon  the  part  of  the  pupils,  and  shall  report  all  cases  of 
insubordination  while  on  the  wagon  to  the  parents  and  to  the  school  board  of  the  district. 
Be  it  also  understood  that  in  cases  where  it  is  practicable  conveyance  by  interurban,  steam 
railway  or  automobile  shall  be  equivalent  for  transportation  or  conveyance  by  a  team. 

(5)  No  state  aid  under  the  provisions  of  sections  496q  to  496?,  inclusive,  shall  be  paid' 
to  any  district  providing  transportation  and  tuition  for  its  pupils  at  a  district  maintain- 
ing a  rural  school  of  one  or  more  departments,  unless  the  school  in  the  district  where  such 
nonresident  children  attend  shall  be  a  first-class  rural  school  as  defined  in  sections  5fi0/  to 
560m,  inclusive,  and  acts  amendatory  thereof,  and  it  is  further  provided  that  in  case  the 
district  entering  into  a  contract  for  the  schooling  of  nonresident  pupils,  according  to  the 
provisions  of  sections  496q  to  496?,  inclusive,  and  shall  fail  to  maintain  a  first-class  rural 
school  as  provided  in  sections  560/  to  560m,  inclusive,  then  such  school  districts  shall  for- 
feit their  rights  to  collect  tuition  from  the  district  where  such  nonresident  children  reside 
for  such  school  year  or  part  of  a  school  year  that  the  school  in  such  school  district  shall 
not  have  been  maintained  as  a  first-class  rural  school. 

(6)  The  school  board  of  each  district  taking  advantage  of  sections  496g  to  496t,  in- 
clusive, shall  make  annually,  on  or  before  the  first  day  of  August,  a  special  report  under 
oath  to  the  state  superintendent  of  public  instruction  showing  that  the  above  conditions 
have  been  complied  with,  and  this  report  shall  give  the  names  and  ages  of  the  persons 
transported,  the  number  of  days  each  such  person  was  transported  and  attended  school, 
the  rate  of  tuition  paid  and  the  amount  of  tuition  paid  for  each  person. 

(7)  It  shall  be  the  duty  of  the  county  superintendent  of  schools  in  any  county  where 
a  rural  school  takes  advantage  of  the  provisions  of  sections  496g  to  496?,  inclusive,  and 

318 


Chap.  27  s.  496r]  [The  Common*  Schools. 

provides  transportation  and  tuition  for  persons  of  school  age  at  a  rural  school,  to  report 
annually  to  the  state  superintendent  upon  the  blanks  furnished  by  him,  such  information 
as  he  may  request  for  the  purpose  of  ascertaining'  if  the  rural  school  in  such  district  dur- 
ing the  year  for  which  aid  is  demanded  was  maintained  as  a  first-class  rural  school,  ac- 
cording to  the  provisions  of  sections  560/  to  560m,  inclusive. 

(8)  Upon  the  receipt  of  such  sworn  statement  of  the  school  board  and  in  case  of  the 
attendance  of  pupils  at  a  rural  school  of  a  satisfactory  report  from  the  county  superin- 
tendent of  schools,  it  shall  be  the  duty  of  the  state  superintendent  to  certify  to  the  secre- 
tary of  state  the  amount  due  each  such  school  district  under  the  provisions  of  sections 
496g  to  496^,  inclusive.  It  shall  then  become  the  duty  of  the  secretary  of  state  to  draw 
his  warrant  for  the  amount  certified  in  favor  of  the  treasurer  of  each  such  school  district. 

(9)  In  case  of  a  disagreement  concerning  the  standard  of  work  done  in  any  rural 
school,  the  decision  of  the  state  superintendent  shall  be  final,  and  he  shall  have  power 
either  in  person  or  through  inspectors  of  schools,  to  investigate  the  quality  of  work  done 
and  equipment  offered  in  any  of  the  schools  accepting  nonresident  pupils  under  the  pro- 
visions of  sections  496a  to  496*,  inclusive.  [1907  c.  553;  1911  c.  618;  1911  c.  664  s.  147; 
1915  c.  620] 

Notice  of  meeting.  Section  496r.  The  school  district  board  shall  embody  in  the 
notices  of  every  annual  or  special  meeting  at  which  any  or  all  of  the  provisions  of  sec- 
tions 496g  to  496(,  inclusive,  are  to  be  considered,  a  statement  to  the  effect  that  the  electors 
will  be  called  upon  to  vote  upon  such  questions;  said  notices  to  be  posted  as  provided  in 
sections  426  and  4C7  of  the  statutes ;  provided,  however,  that  failure  to  include  such  state- 
ments in  the  notices  posted  for  the  annual  school  district  meeting  shall  not  prevent  the 
electors  from  considering  and  voting  upon  such  questions.  [1907  c.  553;  1911  c.  61S; 
1911  c.  664  s.  147] 

Appropriation.  Section  496s.  To  carry  out  the  provisions  of  sections  496g  to  496*, 
inclusive,  there  is  hereby  appropriated  annually  out  of  the  moneys  assessed  and  collected 
under  the  provisions  of  section  1072a  of  the  statutes,  a  sum  sufficient  to  meet  all  the 
approved  claims  coming  under  the  provisions  of  sections  496g  to  496*,  inclusive.  [1907 
c.  553;  1911  c.  618;  1911  c.  664  s.  147] 

Tax  apportionments  not  affected  by  transportation.  Section  496*.  Each  district 
taking  advantage  of  sections  496g  to  496*,  inclusive,  shall  receive  the  same  apportionment 
of  the  state  and  other  taxes  as  provided  by  law,  as  would  have  been  received  had  school 
been  maintained  in  the  district.     [1907  c.  553;  1911  c.  663  s.  107] 

CONSOLIDATION  of  rural  schools. 

Consolidation  of  rural  scv~ols:  petition.  Section  496 — 1.  1.  Whenever  fifteen  per 
cent  of  the  electors  of  any  rural  school  district,  and  one  or  more  contiguous  school  districts 
within  or  outside  of  an  incorporated  village  shall  petition  therefor,  the  respective  school 
boards  shall  meet  at  a  place  designated  by  the  school  board  of  the  petitioning  district 
having  the  largest  population  to  fix  a  time  for  an  election  to  determine  whether  the  district 
schools  within  the  districts  shall  be  consolidated.  They  shall  fix  the  date  of  the  election  at 
not  less  than  two,  nor  more  than  four  weeks  from  the  time  of  their  meeting  and  notify 
the  district  clerks  of  the  date.  Such  election  shall  be  called  for  eight  o'clock  in  the  after- 
noon. The  district  clerks  of  the  respective  districts  shall  post  the  notices  of  election  as 
notices  of  school  district  meetings  are  posted.  The  elections  shall  be  held  by  the  school 
officers  of  the  respective  districts  by  written  ballots.  They  shall  report  the  result  of  the 
election  in  their  respective  districts  to  the  clerk  cf  the  district  in  which  the  meeting  to  fix 
the  time  of  the  election  is  held,  within  three  days  after  the  election.  The  respective  school 
boards  one  week  after  the  election  shall  meet  in  the  same  manner  and  place  as  for  calling 
the  election  and  shall  canvass  the  returns. 

2.  If  a  majority  of  those  of  each  district  voting  at  the  election  vote  in  favor  of  con- 
solidating the  district  schools  in  their  respective  school  districts,  the  territory  included 
constitutes  a  consolidated  rural  school  district. 

3.  The  school  boards  at  the  time  of  canvassing  the  returns  shall  appoint  a  time  and 
place  for  the  first  district  meeting  and  shall  post  a  written  notice  thereof  in  at  least  three 
public  places  in  each  of  the  several  districts  which  compose  the  consolidated  school  dis- 
trict.    [1913  c.  380;  1915  c.  181 ;  1915  c.  371  s.  2;  1915  c.  620] 

Organization  of  consolidated  district.  Section  496 — 2.  A  consolidated  rural  school 
district  shall  be  deemed  organized  when  any  two  of  the  officers  elected  at  its  first  legal 
meeting  file  with  the  clerk  of  the  meeting  for  canvassing  the  returns  their  written  accept- 
ances of  the  office  to  which  they  have  been  respectively  elected,  or  when  it  has  exercised 
the  franchises  and  privileges  of  the  district  for  the  term  of  one  year.     A  consolidated 

319 


Chap.  27  s.  496— 3 J  [The  Common  Schools. 

rural  school  district  lawfully  organized  is  a  body  corporate  and  possesses  the  usual  powers- 
of  a  public  corporation,  by  the  name  and  style  of  "Consolidated  Rural  School  District 
No of  . . . ."  (the  town  or  village,  as  the  case  may  be,  in  which  the  school  building- 
is  located  or  proposed  to  be  located).  Such  numbers  shall  be  designated  by  the  board  or 
boards  in  the  order  of  the  formation  of  consolidated  rural  school  districts.  The  board 
shall  make  its  contracts  in  its  corporate  name.     [1913  c.  380] 

Transfer  of  property  of  old  districts.  Section  496 — 3.  When  a  consolidated  rural 
school  district  shall  be  lawfully  organized,  the  school  districts  out  of  which  it  shall  have 
been  formed  shall  cease  to  exist  as  school  districts  or  bodies  corporate,  and  the  title  to  all 
property  and  assets  of  every  nature  of  the  several  school  districts  out  of  which  it  was  or- 
ganized, shall  thereupon  become  vested  in  the  consolidated  rural  school  district,  and  all 
valid  subsisting  claims  and  obligations  against  and  contracts  of  the  said  several  school  dis- 
tricts shall  continue  to  be  valid  claims  and  obligations  against  them  severally.  All  claims- 
and  obligations  arising  after  the  formation  of  a  consolidated  school  district  shall  be  against 
the  consolidated  school  district.  The  consolidated  rural  school  district  shall  maintain  and 
conduct  the  schools  theretofore  maintained  and  conducted  by  the  several  districts  until 
such  time  as  the  consolidated  rural  school  district  shall  have  purchased  or  erected  and 
equipped  a  building  in  which  school  can  be  conducted.     [1913  c.  380;  1915  c.  620] 

May  borrow  money.  Section  496 — 4.  The  consolidated  rural  school  district  estab- 
lished under  sections  496 — 1  to  496 — 12,  inclusive,  shall  have  authority  to  borrow  money 
under  the  conditions  specified  in  sections  474,  475  and  476  of  the  statutes.     [1913  c.  380] 

School  fund  income.  Section  496 — 5.  Consolidated  rural  school  districts  shall  be 
entitled  to  and  shall  share  in  the  distribution  of  the  common  school  fund  income  and  other 
school  funds,  in  the  same  manner  as  school  districts  maintaining  common  and  graded 
schools.  In  case  a  high  school  is  maintained,  the  consolidated  rural  school  shall  be  en- 
titled to  and  share  as  in  the  case  of  union  free  high  schools.     [1913  c.  380] 

Special  state  aid.  Section  496 — 6.  Special  state  aid  partially  to  defray  the  cost 
of  erecting  and  equipping  a  school  building  shall  be  granted  to  consolidated  rural  school 
districts  whether  consolidated  as  provided  in  sections  496—1  to  496 — 12,  inclusive,  of  the 
statutes,  or  in  any  other  way  provided  by  law  as  follows : 

(1)  To  a  consolidated  rural  school  district  maintaining  a  school  consisting  of  one  de- 
partment formed  by  the  uniting  of  two  or  more  school  districts  one-half  the  cost,  not  to 
exceed  one  thousand  dollars  to  any  one  school; 

(2)  To  a  consolidated  rural  school  district  maintaining  a  school  consisting  of  a  graded 
school  of  two  departments,  formed  by  the  uniting  of  the  schools  of  two  or  more  school 
districts  one-half  the  cost,  not  to  exceed  fifteen  hundred  dollars  to  any  one  school; 

(3)  To  a  consolidated  rural  school  district  maintaining  a  school  consisting  of  a  graded 
school  of  three  departments,  formed  by  the  uniting  of  the  schools  of  two  or  more  school 
districts  one-half  of  the  cost,  not  to  exceed  two  thousand  dollars  to  any  one  school; 

(4)  To  a  consolidated  rural  school  district  maintaining  a  school  consisting  of  a  graded 
school  of  four  or  more  departments,  formed  by  the  uniting  of  the  schools  of  three  or  more 
school  districts  one-half  of  the  cost,  not  to  exceed  three  thousand  dollars  to  any  one  school ; 

(5)  To  a  consolidated  rural  school  district  maintaining  a  school  consisting  of  a  graded 
school  and  a  high  school,  formed  by  the  uniting  of  all  the  districts  of  a  township,  onemalf 
of  the  cost,  not  to  exceed  five  thousand  dollars  to  any  one  school.  [1913  c.  380;  1915 
c.  371  s.  2;  1915  c.  570,  620] 

Plans  and  estimates.  Section  496 — 7.  All  plans  and  expense  accounts  for  addi- 
tions to  school  buildings,  or  for  new  buildings  under  sections  496 — 1  to  496 — 12,  inclusive, 
shall  be  submitted  to  the  state  superintendent.  No  state  aid  shall  be  granted  unless  the 
state  superintendent  has  approved  the  plans  when  thus  submitted.     [1913  c.  380] 

Reports.  Section  496 — 8.  The  clerk  of  the  school  board  of  consolidated  rural 
school  districts  shall,  on  or  before  the  fifteenth  day  of  July  of  each  year,  make  to  the  state 
superintendent  of  public  instruction  a  report  stating  the  number  of  departments  in  the 
school,  the  total  expense  for  the  previous  year,  and  such  other  information  as  the  state 
superintendent  of  public  instruction  requires.      [1913  c.  380] 

Transportation  of  pupils.  Section  496 — 9.  The  officers  of  any  consolidated  rural 
school  district  may  enter  into  contracts  for  the  transportation  of  pupils  to  the  consoli- 
dated rural  schools  maintained  under  their  authority.     [1913  c.  380] 

Transportation  of  pupils  to  consolidated  schools.  Section  496 — 10.  The  school 
board  of  any  consolidated  rural  school  district  established  and  formed  under  the  provi- 
sions of  sections  496-— 1  to  496 — 12,  inclusive,  must  provide  transportation  to  and  from 
the  consolidated  school  for  all  children  of  school  age  residing  more  than  two  miles  from 
such  consolidated  school,  the  distance  to  be  measured  by  the  regularly  traveled  highway. 
In  case  the  electors  of  .such  consolidated  rural  school  district  fail  to  levy  a  sufficient  amount 
to  enable  the  school  board  to  provide  for  the  transportation  as  required  bv  this  section,. 

6M 


Chap.  21  s.  496— 12J  [The  Common  Schools. 

the  board  shall  on  or  before  the  second  Wednesday  in  November  certify  to  the  town  clerk 
a  tax  sufficient  to  meet  all  obligations  arising  on  account  of  contracts  entered  into  for  the 
transportation  of  children  living  more  than  two  miles  from  school,  which  tax,  when  so 
certified  to  the  town  clerk,  shall  be  levied  and  collected  as  other  district  taxes  are  now 
levied  and  collected.     [1913  c.  380;  1915  c.  371  s.  3] 

Section  490—11.     [Repealed  by  1915  c.  371} 

Transportation  agreement  with  parents;  accounts.  Section  496 — 12.  It  shall  also 
be  lawful  for  the  electors  to  authorize  the  school  board  to  enter  into  an  agreement  with 
the  parent,  guardian  or  other  person  in  charge  of  any  pupil,  to  compensate  such  parent, 
guardian  or  other  person,  for  transporting  any  pupil  or  pupils  to  and  from  school,  and  to 
enter  into  contracts  for  the  transportation  to  and  from  school  of  all  persons  of  school  age 
who  attend,  and  to  levy  a  tax  therefor.  In  all  cases  where  the  distance  from  the  home  of 
the  pupil  or  pupils  who  are  to  be  transported  is  two  miles  or  less  by  the  nearest  traveled 
highway,  the  sum  per  pupil  so  paid  shall  be  such  as  may  be  authorized  by  the  electors; 
and  in  all  cases  where  the  distance  is  more  than  one  and  less  than  two  miles,  the  state  shail 
pay  five  cents  per  day,  and  where  the  distance  is  more  than  two  miles,  ten  cents  per  day 
for  each  pupil  transported  regularly  to  and  from  school  in  some  reasonable  and  comfort- 
able manner  for  a  period  of  not  less  than  five  months.  The  school  board  and  the  principal 
teacher  of  the  school  in  which  such  pupil  is  enrolled  shall,  on  or  before  the  fifteenth  day 
of  July  of  each  year,  make  under  oath  a  report  giving  the  name  and  showing  the  distance 
and  number  of  days  each  pupil  was  transported,  the  mode  of  transportation,  and  the  'total 
amount  claimed  bv  the  districts  on  account  of  such  transportation.  [1913  c.  380;  1915 
c.  620.] 

MISCELLANEOUS. 

Appeals  to  state  superintendent.  Section  497.  Any  person  conceiving  himself  ag- 
grieved by  any  decision  made  by  any  school  district  meeting  or  by  any  town  board  in 
forming  or  altering  or  in  refusing  to  form  or  alter  any  school  district,  or  by  any  other 
thing  clone  by  any  officer  or  board  under  the  provisions  of  this  chapter,  may  appeal  to 
the  state  superintendent.  Such  appeals  shall  be  taken  and  heard  in  the  manner  pre- 
scribed by  him  and  he  shall  make  and  file  his  decision  within  thirty  days  after  the  hearing 
thereof  is  closed.  The  decision  appealed  from  shall  be  operative  until  the  same  shall  be 
reversed;  and  no  decision  on  appeal  to  said  superintendent  made  by  him  after  the  lapse 
of  thirty  davs  from  the  time  the  hearing  thereof  is  closed  shall  be  effectual.  [1863  c.  155 
s.  122;  1864  c.  255  s.  1;  R.  S.  1S78  s.  497;  Ann.  Stats.  1889  s.  497;  1897  c.  354;  Stats. 
1898  s.  497] 

Limitation  as  to  time  when  review  may  be  had.  Section  497a.  No  review  of  the 
decisions  of  the  state  superintendent  on  matters  decided  by  him  shall  be  had  unless  pro- 
ceedings by  certiorari  or  other  appropriate  action  be  brought  within  thirty  days  after 
such  determination  by  him,  or  in  cases  heretofore  decided  by  him,  within  thirty  days  after 
this  act  takes  effect.      [1901  c.  184  s.  1;  Supl  1906  s.  497a;  1907  c.  118] 

Clerk's  liability.  Section  49S.  Every  district  clerk  who  shall  wilfully  neglect  to 
make  the  annual  report  for  his  district  as  required  by  law  shall  be  liable  to  pay  the 
whole  amount  of  money  lost  by  such  district  in  consequence  of  his  neglect,  which  shall 
he  recovered  in  an  action  in  the  name  of  and  for  the  use  of  the  district.  [1863  c.  155 
s.  126:  R.  S.  1S78  s.  49S;  Ann.  Stats.  1889  s.  498;  1897  c  364;  Stats.  1898  s.  498] 

Town  clerk  and  superintendent's  liability.  Section  499.  Every  town  clerk  who 
shall  neglect  or  refuse  to  make  and  deliver  to  the  county  superintendent  his  annual  re- 
port as  required  in  this  chapter  within  the  time  limited  therefor  shall  be  liable  on  his 
official  bond  to  pay  the  town  the  amount  which  such  town  or  any  school  district  therein 
shall  lose  by  such  neglect  or  refusal,  with  interest  thereon;  and  every  county  superintend- 
ent who  shall  neglect  or  refuse  to  make  the  report  required  of  him  by  this  chapter  to  the 
state  superintendent  shall  be  liable  to  pay  to  each  town  the  amount  which  such  town  or 
any  school  district  therein  shall  lose  by  such  neglect  or  refusal,  with  interest  thereon,  to 
be  recovered  in  either  £ase  in  an  action  prosecuted  by  the  town  treasurer  in  the  name  of 
the  town.  All  money  collected  or  received  by  any  town  treasurer  under  the  provisions  of 
this  section  shall  be  apportioned  and  distributed  to  the  school  districts  entitled  thereto 
in  the  same  manner  that  the  money  lost  by  any  such  neglect  or  refusal  would  have  been 
apportioned  and  distributed.  [1863  c.  155  s.  127,  129,  130;  R.  S.  1878  s.  499;  Ann. 
Stats.  1S89  s.  499;  1S97  c.  354;  Stats.  1898  s.  499] 

Neglect  of  duty.     Section  500.     Every  taxable  inhabitant  receiving  the  notice  men- 
tioned in  sections  413  and  415,  and  every  chairman  ef  the  first  district  meeting  in  any 
district  who  shall  wilfully  neglect  or  refuse  to  perform  the  duties  enjoined  upon  him  by 
this  chapter,  shall  respectively  forfeit  the  sum  of  five  dollars.     Every  person  duly  elected 
21  321 


Chap.  27  s.  501]  [The  Common-  Schools. 

to  the  office  of  director,  treasurer  or  clerk  of  any  school  district  who  shall  neglect  or  re- 
fuse without  sufficient  cause  to  accept  such  office  and  serve  therein,  or  who,  having  en- 
tered upon  the  duties  of  his  office,  shall  neglect  or  refuse  to  ■perform  any  duty  required 
of  him  by  the  provisions  of  this  chapter,  shall  forfeit  the  sum  of  ten  dollars ;  and  every 
school  district  officer  who  shall  neglect  or  refuse  to  deliver  to.  his  successor  in  office  all 
records,  books  and  papers  appertaining  to  such  office  shall  forfeit  not  exceeding  fifty  dol- 
lars. [1863  c.  155  s.  125;  1863  c.  156  s.  123;  1868  c.  175  s.  1;  R.  S.  1378  s.  500;  Ann. 
Stats.  1889  s.  500;  1897  c.  354;  Stats.  1898  s.  500] 

Who  not  to  deal  in  schoolbooks,  etc.  Section  501.  Neither  the  state  superintend- 
ent, his  assistant,  nor  any  person  in  his  office,  nor  any  county  superintendent,  nor  school 
district  officer,  nor  any  officer  or  teacher  connected  with  any  public  school  shall  act  as 
agent  or  solicitor  for  the  sale  of  any  schoolbooks,  maps,  charts,  school  library  books, 
school  furniture,  apparatus  or  stationery,  or  furnish  any  assistance  to  or  receive  any 
reward  therefor  from  any  author,  publisher,  bookseller  or  dealer  doing  the  same.  Every 
person  violating  this  section  shall  forfeit  not  less  than  fifty  nor  more  than  two  hundred 
dollars  for  each  offense  and  be  liable  to  removal  from  office  therefor.  [1877  c.  172;  R.  S. 
1878  s.  501;  Ann.  Slats.  1889  s.  501;  1897  c.  354;  Stats.  1898  s.  501] 

Drawing  unauthorized  order.  Section  502.  Every  district  clerk  who  shall  draw  an 
order  upon  the  treasurer  for  any  purpose  not  authorized  by  law,  and  every  director  who 
shall  countersign  such  order,  shall  forfeit  for  each  such  order  not  less  than  twenty  nor 
more  than  one  hundred  dollars.  [1863  c.  155  s.  136;  R.  S.  1878  s.  502;  Ann.  Stats.  1889 
s.  502;  1897  c.  354;  Stats.  1898  s.  502] 

Refusal  to  enforce  decision.  Section  504.  In  case  the  town  board  or  any  other  offi- 
cer shall  neglect  or  refuse  to  carry  into  effect  any  decision  of  the  state  superintendent 
made  upon  an  appeal  from  their  or  his  action  or  refusal  to  act,  each  supervisor  or  other 
officer  refusing  or  neglecting  shall  forfeit  the  sum  of  fifty  dollars;  and  every  town  clerk 
who  shall  so  neglect  or  refuse  shall  also  be  liable  to  removal  by  the  town  board  upon 
proper  notice  thereof.  [1863  c.  155  s.  127,  128;  R.  S.  1878  s.  504;  Ann.  Stats.  1889 
s.  504;  1897  c.  354;  Stats.  1898  s.  504] 

Recovery  of  forfeitures.  Section  505.  All  actions  for  the  recovery  of  any  forfei- 
ture incurred  under  the  provisions  of  this  chapter  shall  be  prosecuted  by  the  director  of 
the  school  district  interested,  except  when  such  director  has  incurred  a  forfeiture,  in 
which  case  such  action  shall  be  prosecuted  by  the  treasurer  of  such  district;  and  in  case 
either  shall  refuse  or  neglect  to  prosecute  he  shall  forfeit  twenty  dollars.  All  forfeitures 
recovered  shall  be  first  applied  to  the  necessary  expenses  of  such  prosecutions,  and  one- 
half  of  the  remainder  shall  be  paid  into  the  district  treasury  for  the  use  of  the  district 
and  the  other  half  to  the  county  treasurer  for  the  benefit  of  the  school  fund.  [1863  c.  155 
s.  128, 134;  R.  S.  1878  s.  505 ; Ann.  Stats.  1889  s.  505;  1897  c.  354;  Stats.  1898  s.  505]  _ 

By  voter.  Section  506.  Whenever  any  person  or  officer  designated  in  this  chapter 
to  prosecute  an  action  for  a  forfeiture  or  for  a  neglect  of  duty  shall  fail  to  prosecute  such 
action  for  the  space  of  ten  days  after  being  requested  in  writing  by  a  voter  of  the  proper 
district  so  to  do,  any  voter  may  prosecute  such  action  for  the  recovery  of  such  forfeiture 
or  for  any  neglect  of  duty  in  the  manner  herein  prescribed.  [1863  c.  155  s.  138;  R.  S. 
1878  s.  506;  Ann.  Stats.  1889  s.  506;  1897  c.  354;  Stats.  1898  s.  506] 

Removal  of  officers.  Section  507.  Any  school  district  officer  may  be  removed  from 
office  by  the  county  judge  for  wilful  neglect  of  any  duty  upon  the  written  application  of 
the  majority  of  the  legal  voters  of  his  district  or  of  any  person  aggrieved  by  such  neg- 
lect, containing  a  full  statement  of  all  the  charges  preferred  against  him.  A  copy  thereof, 
with  a  notice  of  the  time  and  place  when  and  where  a  hearing  upon  the  same  will  be  had, 
shall  be  served  upon  such  officer  at  least  ten  days  before  such  hearing.  Such  officer  shall 
have  full  opportunity  to  be  heard  in  his  defense;  and  the  judge,  upon  satisfactory  proof 
of  such  neglect  of  duty,  may  by  order  remove  such  officer  from  his  office,  and  in  case  of 
removal  shall  forthwith  file  such  order  in  the  office  of  the  town  clerk  and  cause  a  copy 
thereof  to  be  served  upon  each  of  the  other  officers  of  the  district.  The  person  so  re- 
moved from  office  shall  not  be  appointed  to  fill  the  vacancy  occasioned  by  such  removal; 
and  for  all  services  performed  by  the  county  judge  under  the  provisions  of  this  section 
he  shall  receive  three  dollars  for  each  day  actually  employed,  to  be  paid  by  the  county. 
[1868  c.  175  s.  1,  2;  R.  S.  1878  s.  507;  Ann.  Stats.  1889  s.  507;  1897  c.  354;  Stats.  1898 
s.  507] 

Section  508.     [Repealed  by  1911  c.  355] 

Section  509.     [Repealed  by  1915  c.  426] 

Part  of  library.  Section  510.  All  such  dictionaries  heretofore  or  hereafter  re- 
ceived by  the  several  districts  shall  belong  to  the  district  library,  but  during  the  time  a 
school  is  taught  thev  shall  be  and  remain  in  the  schoolrooms  during  the  hours  of  school. 

322 


Chap.  27  s.  511 J  [The  Common  Schools. 

for  the  exclusive  use  of  the  scholars  and  teachers,  and  under  the  control  of  the  teachers 
or  principals,  who  shall  be  responsible  to  the  districts  for  their  loss  or  for  any  unneces- 
sary damage  they  may  receive.  [1867  c.  16  s.  3;  R.  S.  1878  s.  510;  Ann.  Stats.  1889 
s.  510;  1897  c.  354;  Stats.  1898  s.  510] 

Payment  of  money.  Section  511.  The  state  superintendent  shall  pay  to  the  state 
treasurer  all  money  received  on  account  of  dictionaries  sold  as  aforesaid,  and  render  an 
account  of  all  dictionaries  sold  in  his  report  to  the  governor.  [1867  c.  32  s.  2;  R.  S.  1878 
s.  511;  Ann.  Slats.  1889  s.  511;  1897  c.  354;  Stats.  189S  s.  511] 

Residents,  who  are;  county's  liability.  Section  512.  Every  person  of  lawful  school 
age  maintained  as  a  public  charge  shall,  for  school  purposes,  be  deemed  a  resident  of  the 
district  in  which  he  lives ;  for  every  person  so  maintained'by  the  county  the  county  board 
shall  for  each  year  allow  to  the  district  in  which  such  person  may  attend  school  an 
amount  for  each  person  so  attending  equal  to  the  amount  expended  in  that  year  for  each 
pupil  in  such  district  for  school  purposes;  and  in  case  such  person  be  maintained  by  any 
town,  such  town  board  shall  allow  a  like  amount  to  such  district.  Such  account  shall  be 
reckoned  by  the  district  officers  without  reference  to  the  number  of  pauper  children  at- 
tending such  school.  [1873  c.  156;  R.  S.  1S78  s.  512;  Ann,  Stats.  1889  s.  512;  1897 
c.  354;  Stats.  1898  s.  462,  512] 

Women  may  be  officers.  Section  513.  Women  of  the  age  of  twenty-one  or  more 
years  who  reside  and  for  one  year  next  prior  to  their  election  or  appointment  have  re- 
sided in  any  school  district,  town,  city,  or  county,  are  eligible  by  election  or  appointment 
to  the  offices  of  director,  treasurer  and  clerk  of  such  district,  member  of  the  school  board 
or  board  of  education  of  such  city,  town  inspector  of  schools  of  such  town  and  county  su- 
perintendent of  such  county.  [1875  c.  120;  R.  S.  1878  s.  513;  Ann.  Stats.  1889  s.  513; 
1897  c.  354;  Stats.  1898  s.  513;  1911  c.  536;  1911  c.  664  s.  113;  1915  e.  620] 

Powers  of  boards;  application  of  chapter  to  cities  and  villages.  Section  515.  Every 
such  board  or  other  body  aforesaid  shall  have  all  the  powers  and  be  charged  with  all  the 
duties  imposed  by  these  statutes  on  school  district  boards  so  far  as  th'e  same  are  not  pro- 
vided for  or  limited  by  the  special  provisions  of  the  act  of  incorporation  or  other  act  under 
which  such  board  or  body  is  constituted.  Every  city  or  village  not  having  a  system  of 
school  government  specially  provided  by  law  therefor  shall  be  governed  by  the  provisions 
of  this  "chapter.  [1869  c.  182  s.  36;  R.  S.  1878  s.  515;  1883  c."251  s.  3;  Ann.  Stats.  1889 
s.  514,  515;  1897  c.  380;  Stats.  1S98  s.  440a,  515] 

Free  lectures.  Section  515a.  The  board  of  school  directors  of  any  school  district  or 
the  board  of  education  of  any  city  is  authorized  and  empowered  to  provide  for  employ- 
ment of  competent  persons  to  deliver  lectures  on  the  natural  sciences,  on  historical,  lit- 
erary, or  other  educational  subjects,  in  the  public  school  buildings,  in  public  library 
buildings  or  in  other  suitable  places  of  said  district  or  city,  and  to  particularly  provide 
for  the  further  education  of  the  adult  persons  of  such  community.  [1901  c.  336  s.  1; 
1905  c.  125  s.  1;  Supl.  1906  s.  515a;  1907  c.  75,  118;  1911  c.  498]  ' 

Purchase  of  books;  control  of  lectures.  Section  515b.  The  said  board  of  education 
shall  have  power  to  purchase  the  books,  stationery,  charts  and  other  things  necessary  and 
expedient  to  successfully  conduct  said  lectures  and  may  designate  some  person  who  shall 
have  the  management  and  control  of  such  lectures.  [1901  c.  336  s.  2;  1905  c.  125  s.  2; 
Supl.  1906  s.  515b;  1907  c.  75,  118] 

No  admission  fee  to  be  charged ;  lectures,  when  to  be  given.  Section  515c.  No  ad- 
mission fee  shall  be  charged  and  at  least  one  school  building  or  public  library  building 
shall  be  designated  by  said  board  of  education  for  the  purpose  of  carrying  out  the  provi- 
sions of  this  act;  and  said  lectures  shall  be  delivered  in  such  school  or  library  building 
between  the  first  day  of  October  and  the  thirty-first  day  of  March  in  each  year,  which 
lectures  shall  be  advertised  in  a  newspaper  published  in  said  city  at  least  one  week  in  ad- 
vance of  the  delivery  thereof.  [1901  c.  336  s.  3;  1905  c.  125  s.  3;  Supl.  1906  s.  515c; 
1907  c.  IIS] 

Appropriation.  Section  515c?.  The  board  of  education  is  hereby  authorized,  pre- 
vious to  the  first  day  of  September  in  each  year,  to  meet  and  provide  the  necessary  ap- 
propriation for  the  purpose  of  carrying  out  the  provisions  of  sections  515«,  515&  and 
515c.  [1901  c.  336  s.  4;  1905  c.  125  s.  4;  Supl.  1906  s.  515d;  1907  c.  118;  1911  c.  663 
s.  32] 

Employment  of  high  school  principal  for  term  of  three  years.  Section  515m.  The 
school  board  of  any  school  district  maintaining  a  free  high  school  or  a  union  free  high 
school  and  not  containing  a  city  in  which  a  city  superintendent  is  employed  may  contract 
with  a  qualified  teacher  who  shall  have  had  at  least  one  year's  experience  as  a  principal  of 
a  high  school  to  act  as  principal  of  such  high  school  for  a  term  of  not  more  than  three 
vears.     [1915  c.  19S] 

323 


Chap.  27  s.  516 j  [The  Common  Schools, 

Township  system  abolished;  procedure  on  winding  up.  Section  516.  1.  Whenever 
the  township  system  shall  be  abolished  in  any  town,  the  town  board  of  supervisors  of 
said  town  shall  meet  for  the  purpose  of  creating  and  forming  suitable  independent  dis- 
tricts, Such  meeting  shall  be  held  between  the  first  day  of  March  and  the  first  day  of 
June,  1912.  Due  notice  giving  the  time  and  place  (day  and  hour)  of  such  meeting  shall 
be  given  in  writing  to  each  school  officer  in  the  town,  and  a  copy  thereof  shall  be  posted 
in  at  least  four  public  places  in  each  subdistrict,  and  another  copy  affixed  to  the  outer 
door  of  each  schoolhouse  in  Ihe  town,  not  less  than  ten,  nor  more  than  fifteen  days  pre- 
vious to  the  day  of  meeting  fixed  in  the  notice.  If  one  or  more  weekly  newspapers  are 
published  in  the  town,  publication  of  the  notice  in  such  paper  or  papers  for  at  leac  two 
consecutive  weeks  immediately  preceding  the  meeting  shall  answer  in  place  of  service  and 
posting  of  notices. 

2.  The  supervisors  shall  grant  a  public  hearing  and  when  the  hearing  is  closed  the/ 
shall  at  once  iiroeecd  to  create  one  or  more  suitable  independent  districts  making  the 
order  to  take  effect  on  Saturday,  June  22,  1916,  and  the  date  for  the  first  district  meeting 
shall  be  the  first  Monday  in  July  at  eight  o'clock  in  the  afternoon.  When  assembled  at 
such  meeting  the  electors  shall  have  power  to  elect  a  clerk  for  one  year,  a  treasurer  for 
two  years  and  a  director  for  three  years,  and  to  transact  any  and  all  other  business  pro- 
vided for  by  section  430  of  the  statutes.  If  a  town  operating  under  the  township  system 
is  indebted  to  the  state  or  to  any  individual,  firm  or  corporation,  the  supervisors  shall 
determine  the  amount  of  such  indebtedness  due  from  each  new  district  and  certify  such 
amount  to  the  clerk  of  the  new  district  and  file  their  determination  in  the  office  of  the 
town  clerk.  It  shall  be  the  duty  of  the  town  clerk  to  send  at  once  a  certified  statement  of 
the  indebtedness  as  apportioned  to  the  different  districts,  to  the  individual,  firm  or  cor- 
poration, or  the  secretary  of  state,  as  the  case  may  be,  and  it  shall  also  be  the  duty  of 
the  town  clerk  to  place  in  the  tax  roll  annually,  the  amount  of  principal  and  interest  to  be 
collected  from  each  district  to  meet  its  obligations. 

3.  In  eases  where  there  are  joint  subdistricts  between  two  or  more  towns,  one  or  both 
under  the  township  system,  the  boundaries  of  such  subdistrict  shall  not  be  affected  by  the 
order  made  to  go  into  effect  June  22,  1912,  but  it  shall  be  organized  as  other  independent 
districts,  and  shall  constitute  an  independent  joint  district,  the  boundaries  of  which  may 
be  changed  later  by  the  proper  authorities  under  the  statutes  providing  therefor.  The 
order  creating  and  designating  a  district  shall,  if  practicable,  use  the  number  of  the  sub- 
district  abolished  and  the  notice  to  the  taxable  inhabitant  shall  be  given  by  the  supervi- 
sors of  the  town  in  which  the  schoolhouse  is  located,  and  if  there  be  more  than  one  school- 
house,  by  the  supervisors  of  the  town  in  which  the  oldest  schoolhouse  is  located. 

4.  It  is  further  provided  that  the  supervisors  are  not  limited  in  determining  the  area 
of  any  school  district  formed  under  this  act,  but  no  school  district  shall  be  formed  that 
does  not  at  the  time  of  its  formation  have  residing  within  its  boundaries  at  least  fifteen 
persons  of  school  age.  Be  it  also  understood  that  the  electors  of  any  school  district  shall 
have  full  power,  at  any  annual  or  special  district  meeting,  to  select  as  many  schoolhouse 
sites  and  to  direct  the  school  board  to  erect  as  many  school  buildings  in  different  parts  of 
the  district  as  may  be  needed  to  accommodate  the  school  population,  or  to  provide  trans- 
portation for  any  or  all  children,  or  children  only  residing  more  than  one  and  one-half 
miles  from  the  school.  [1S69  c.  182;  1872  c.  94;  E.  S.  1878  s.  516-553;  1882  c.  72; 
1883  c.  63;  1SS7  c.  297;  1SS9  c.  292,  293;  Ann.  Slats.  18S9  s.  516-553;  1893  c.  215; 
1895  c.  276;  1897  c.  90,  354;  Stats.  1898  s.  516-553;  1901  c.  160,  351,  416;  1909  c.  104, 
131;  1911  e.  388;  1911  c.  664  s.  61;  1915  c.  181] 

Inspection  of  school  buildings.  Section  517.  1.  The  inspector  of  rural  schools, 
the  inspectors  of  state  graded  schools,  and  the  inspector  of  high  schools  of  the  state,  in 
addition  to  their  other  duties,  are  hereby  made  inspectors  of  public  school  buildings.  Said 
inspectors  shall  act  under  the  direction  of  the  state  superintendent,  and  under  such  regula- 
tions as  may  be  established  by  him. 

2.  Whenever  any  county  or  district  superintendent,  city  superintendent,  member  of  a 
school  board  or  board  of  education,  or  any  voter  of  a  school  district,  or  a  member  of  a 
board  of  health,  shall  make  a  complaint  in  writing  to  the  state  superintendent  that  any 
building  used  for  or  in  connection  with  any  public  school  in  his  county,  district,  city,  Til- 
lage or  town,  as  the  case  may  be,  is  in  an  unsanitary  condition,  or  that  the  conditions  are 
such  as  to  endanger  the  life  and  health  of  the  children  attending  school,  or  that  the  school- 
house  is  unfit  for  school  purposes,  one  of  said  inspectors  designated  by  the  state  superin- 
tendent shall  personally  investigate  and  examine  the  premises  and  buildings  concerning 
which  said  complaint  is  made. 

3.  Upon  such  investigation  and  examination  said  inspector  shall,  if  conditions  warrant 
it,  make  an  order  directing  the  school  board,  the  board  of  education,  or  other  officer  or 

324 


Chap.  27  s.  553 — 1]  [The  Common  Schools. 

officers  having  control  of  the  school  district  or  school  corporation,  to  repair  and  improve 
such  building  or  buildings  as  may  be  necessary,  and  to  place  said  buildings  in  a  safe  and 
sanitary  condition;  or  if  said  inspector  shall  deem  the  school-house  unfit  for  school  pur- 
poses and  not  worth  repairing  he  shall  state  said  fact  and  recite  the  reason  therefor. 

4.  The  said  inspector  shall  file  said  order  in  the  state  superintendent's  office,  and  cause 
,  true  copies  thereof  to  be  delivered,  by  mail  or  otherwise,  to  the  clerk  of  the  district  board, 

the  clerk  of  the  board  of  education  of  the  district  or  school  corporation  where  such  school- 
house  and  premises  are  located,  and  shall  deliver  as  provided  herein  copies  of  said  order 
to  the  proper  county,  district  or  city  superintendent,  and  also  the  clerk  of  the  town,  city 
or  village  in  which  the  schoolhouse  is  located. 

5.  The  said  order  shall  state  the  time  in  which  it  shall  be  complied  with,  and  shall  take 
effect  from  its  date,  and  shall  continue  in  force  and  full  effect  until  reversed.  The  deci- 
sion of  the  inspector  may  be  appealed  frbm  to  the  state  superintendent  in  the  time  and 
manner  now  provided  for  taking  appeals  to  said  superintendent,  and  the  decision  ap- 
pealed from  shall  be  stayed,  pending  such  appeal. 

G.  "Whenever  any  school  district,  school  corporation,  school  board,  or  board  of  educa- 
tion, shall  refuse  to  comply  with  the  order  of  said  inspector  within  the  time  herein  spec- 
ified, such  school  district  or  school  corporation  shall  forfeit  absolutely  its  apportionment 
of  the  .fund  derived  from  the  seven-tenths  mill  tax,  provided  for  in  section  1072a  of  the 
statutes,  and  amendments  thereto,  and  shall  continue  to  so  forfeit  its  regular  apportion- 
ment of  such  fund  until  there  is  full  compliance  with  the  requirements  of  said  order,  un- 
less the  electors  of  said  school  district  shall  vote  to  instruct  the  school  board  to  close  the 
district  school  and  provide  transportation  and  tuition  for  all  children  of  school  age  in  the 
district  desiring  to  attend  school  at  some  neighboring  school  or  schools,  as  provided  for  in 
section  496g  of  the  statutes. 

7.  Nothing  in  this  section  shall  be  deemed  to  interfere  with  the  operation  of  the  pro- 
vision of  subsection  (3)  of  section  4G1  of  the  statutes,  relating  to  the  duties  of  county  su- 
perintendents of  schools,  or  with  the  provisions  of  section  14186  of  the  statutes,  relating 
to  the  inspection  and  regulation  of  the  sanitary  conditions  of  schoolhouses  by  boards  of 
health.     [1909  c.  550;  1911  c.  388  s.  1;  1913  c.  30] 

Sections  518  to  553,  inclusive.     [Repealed  by  1911  c.  38S] 

Township  school  bonds  binding.  Section  553 — 1.  All  bonds  heretofore  issued  by 
any  school  district  organized  under  the  township  system,  where  the  issue  of  such  bonds 
has  in  fact  been  submitted  to  the  electors  of  said  district  at  any  election  therein  held,  and 
a  majority  of  the  votes  cast  at  such  election  in  favor  of  the  issue  of  such  bonds,  and  the 
bonds  have  in  fact  been  issued  and  sold,  and  the  proceeds  thereof  actually  paid  to  such 
district,  are  declared  to  be  in  all  respects  legal,  binding  and  valid  obligations  of  the 
school  district  so  issuing  the  same  according  to  the  terms  of  such  bonds.  [1907  c.  199 ; 
1907  c.  676  s.  12} 

General  district  law  applied  to  township  issues.  Section  553 — 2.  Such  districts  or- 
ganized under  the  township  system  are  authorized  to  issue  bonds  or  other  legal  obliga- 
tions as  fully  and  to  the  same  extent  as  if  organized  under  the  general  law  relating  to 
other  school  districts.     [1907  c.  199;  1907  c.  676  s.  12} 

Physical  education.  Section  553a.  1.  "Physical  education"  as  used  herein  is  de- 
fined as  instruction  in  the  theory  and  practice  in  the  art  of  physical  exercise  and  instruc- 
tion in  hygiene. 

2.  School  boards,  or  boards  of  education  in  school  districts,  embracing  in  whole  or  in 
part  an  incorporated  city,  shall  make  provision  for  the  training  of  all  pupils  under 
their  jurisdiction  in  physical  education.  The  school  boards  in  other  school  districts,  sep- 
arately or  jointly,  may  make  the  same  provision. 

3.  The  board  of  regents  of  the  state  normal  school  shall  provide  and  shall  require  a 
definite  and  thorough  course  in  the  theory  and  art  of  physical  education,  and  instruction 
in  games  and  playground  management,  to  be  taught  in  every  state  normal  school.  Exam- 
ination in  this  branch  shall  be  required  of  all  candidates  for  a  normal  school  diploma  and 
normal  school  certificate,  the  same  as  in  other  branches  of  study  of  the  normal  school 
course  of  study. 

4.  The  county  training  school  board  of  each  and  every  county  training  school  for 
teachers  now  or  hereafter  to  be  organized  in  this  state  shall  require  a  course  of  instruc- 
tion in  physical  education  and  instruction  in  games  and  playground  management  to  be 
taught  in  every  county  training  school.      [1897  c.  86;  Stats.  1893  s.  553a;  1911  c.  228} 

Moral  and  humane  instruction.  Section  553a — 1.  In  all  public  schools  in  this  state 
it  shall  be  the  duty  of  each  and  every  teacher  to  teach  morality,  for  the  purpose  of  elevat- 
ing and  refining  the  character  of  school  children  up  to1  the  highest  plane  of  life;  that  they 
may  know  how  to  conduct  themselves  as  social  beings  in  relation  to  each  other,  as  respects 

325 


Chap.  27  s.  5536]  [The  Common  Schools. 

right  and  wrong  and  rectitude  of  life,  in  addition  to  the  other  branches  of  study  now  pre- 
scribed, and  kindness  to  and  humane  treatment  and  protection  of  dumb  animals  and  birds, 
their  lives,  habits,  and  usefulness,  and  ^he  important  part  they  are  intended  to  fulfill  in  the 
economy  of  nature,  and  such  studies  on  the  subject  as  the  board,  of  education  may  adopt. 
[1913  c.  506] 

Investment  of  school  funds.  Section  553b.  The  board  of  education  or  school  board 
of  any  city  having  the  care  or  custody  of  school  funds  or  management  of  the  finances  of 
the  public  schools  therein  may,  by  a  vote  of  a  majority  of  all  of  its  members-elect,  in  lieu 
of  designating  banking  depositories  or  any  other  disposition  provided  for  the  care  or  keep- 
ing of  such  funds,  invest  the  same  or  such  portion  thereof  as  it  may  deem  expedient  in  the 
registered  bonds  of  the  United  States  at  their  market  value.  Whenever  such  board  shall 
decide  to  make  any  such  investment  the  treasurer  of  such  board  shall  be  directed  to  pur- 
chase such  bonds  with  such  funds  and  register  and  keep  the  same  under  such  regulations 
as  such  board  may  prescribe.  Whenever  such  bonds  have  been  purchased  such  board  may 
direct  its  treasurer  to  sell  the  same  or  any  part  thereof  for  cash  at  their  market  value, 
from  time  to  time  for  current  expenses,  as  said  board  shall  deem  expedient.  [1897  c.  88; 
Stats.  1898  s.  553b] 

COUNTY  SCHOOLS  OF  AGRICULTURE  AND  DOMESTIC   SCIENCE. 

County  schools  of  agriculture  and  domestic  science;  organization;  maintenance. 
Section  553c.  1.  The  county  board  of  any  county  is  hereby  authorized  to  appropriate 
money  for  the  organization,  equipment,  and  maintenance  of  a  county  school  of  agricul- 
ture and  domestic  economy.  The  county  boards  of  two  or  more  counties  may  unite  in 
establishing  such  a  school  and  may  appropriate  money  for  its  organization,  equipment, 
and  maintenance. 

Notice.  2.  Immediately  after  the  county  board  or  county  boards  shall  vote  to  estab- 
lish a  county  school  of  agriculture  and  domestic  economy,  the  county  clerk  or  clerks  of 
such  county  or  counties,  shall  notify  the  dean  of  the  college  of  agriculture  of  such  vote 
for  the  establishment  of  such  school. 

Location.  3.  The  dean  of  the  college  of  agriculture,  the  state  superintendent  of  pub- 
lic instruction,  and  the  president  of  the  board  of  agriculture,  acting  as  a  committee  for 
such  purpose,  shall  decide  upon  and  notify  the  county  board  or  boards  as  to  the  proper 
location  for  such  county  school  of  agriculture  and  domestic  economy  and  the  county 
school  of  agriculture  and  domestic  economy  shall  be  located  at  such  place  as  is  determined 
upon  by  such  committee. 

Loans;  bonds.  4.  The  county  board  or  boards  of  any  county  or  counties  so  estab- 
lishing such  school  is  hereby  authorized  and  empowered  to  borrow  money,  issue  and  sell 
bonds  for  the  purpose  of  procuring  and  paying  for  the  necessary  grounds  and  erecting 
the  necessary^  buildings,  and  for  improving  the  same  from  time  to  time,  for  such  county 
schools  of  agriculture  and  domestic  economy.  [1901  c.  288  s.  1;  Supl.  1906  s.  553c; 
1907  c.  118^1909  c.  313;  1911  c.  429] 

Board  for,  how  appointed;  vacancies  on;  oath  of  members;  organization.  Section 
553d.  A  board  to  be  known  as  the  county  school  board  is  hereby  created,  which  shall 
have  charge  and  control  of  all  matters  pertaining  to  the  organization,  equipment,  and 
maintenance  of  such  school,  except  as  otherwise  provided  by  law.  Said  board  shall  con- 
sist of  three  members,  one  of  whom  shall  be  the  county  superintendent  of  schools  of  the 
county  or  district,  in  which  the  school  is  located.  The  other  members  of  the  board  shall  be 
elected  by  the  county  board,  for  the  term  of  three  years  from  the  date  of  their  election, 
"but  no  member  of  the  county  board  shall  be  eligible."  Vacancies  existing  in  the  board 
from  whatever  cause,  except  in  the  case  of  the  county  superintendent,  shall  be  filled  by 
appointment  made  by  the  chairman  of  the  county  board,  if  the  county  board  is  not  in 
session  when  such  vacancy  occurs.  If  the  county  board  is  in  session,  vacancies  shall  be 
filled  by  election  by  said  board  for  the  unexpired  term.  Appointments  made  by  the  chair- 
man of  the  county  board,  as  hereinbefore  specified,  shall  be  for  the  term  to  elapse  until 
the  next  regular  meeting  of  the  county  board.  Each  person  appointed  or  created  a  mem- 
ber of  the  county  school  board,  shall  within  ten  days  after  the  notice  of  such  appointment, 
take  and  subscribe  an  oath,  to  support  the  constitution  of  the  United  States  and  the  con- 
stitution of  Wisconsin,  and  honestly,  faithfully,  and  impartially  to  discharge  his  duties 
as  a  member  of  said  board,  to  the  best  of  his  ability,  which  oath  shall  be  filed  in  the  office 
of  the  county  clerk.  He  shall  also,  within  the  same  time,  file  a  bond  in  such  sum  as  may 
be  fixed  by  the  county  board,  which  bond  shall  be  filed  in  the  office  of  the  county  clerk. 
Within  fifteen  days  after  the  appointment  of  said  board,  the  members  thereof  shall  meet 
and  organize  by  electing  one  of  their  number  as  president.     The  counrv  superintendent 

326 


Chap.  27  s.  553ej  [The  Common  Schools. 

of  schools  shall  be,  ex  officio  secretary  of  the  said  board.  The  said  board  shall  prescribe 
the  duties  of  the  several  officers,  except  as  fixed  bv  law.  [1901  e.  288  s.  2;  Supl.  1906 
s.  553d;  1907  c.  113] 

When  two  or  more  counties  unite.  Section  553e.  Whenever  two  or  more  counties 
unite  in  establishing  such  a  school,  the  provisions  of  section  553cZ  shall  apply  to  the  organ- 
ization of  the  county  school  board,  and  to  filling  vacancies  therein,  provided  that  the 
county  superintendent  of  the  county  in  which  the  school  is  located  shall  be  a  member  of 
the  board  and  ex  officio  its  secretary,  and  two  members  shall  also  be  elected  from  each 
county  by  the  countv  board  thereof.  "But  no  member  of  the  county  board  shall  be  eligi- 
ble."    [1901  c.  233  s.  3;  Supl.  1906  s.  553e;  1907  c.  118;  1911  c.  663  s.  33] 

Apportionment  of  amounts  for  maintenance.  Section  553/.  Whenever  two  or  more 
counties  unite  in  establishing  and  maintaining  such  school,  the  county  school  board  pro- 
vided for  in  such  cases  shall  determine  the  amount  of  money  necessary  for  the  equipment 
and  maintenance  of  the  school  for  the  second  year,  and  annually  each  year  thereafter; 
they  shall  apportion  the  amount  to  be  raised  by  taxation  among  the  counties  in  propor- 
tion to  the  assessed  valuation  of  each  county,  as  last  fixed  by  the  state  board  of  assess- 
ment, and  shall  report  to  the  county  clerk  of  each  county  the  apportionment  so  made  on 
or  before  the  first  Monday  of  November  in  each  year.  The  amount  so  apportioned  to 
each  county  shall  be  levied  in  the  county  tax  for  the  ensuing  }-ear  for  the  support  of  the 
school.     [1901  c.  233  s.  4;  Supl.  1906  s.  553f;  1907  c.  118] 

County  treasurer  ex  officio  treasurer  of  board.  Section  553g.  The  county  treasurer 
shall  be  ex  officio  treasurer  of  said  board;  all  moneys  appropriated  and  expended  under 
the  provisions  of  sections  553c  to  553Z,  inclusive,  shall  be  expended  by  the  county  school 
board,  and  shall  be  paid  by  the  county  treasurer  or  treasurers  on  orders  issued  by  said 
board,  and  all  moneys  received  by  said  board  shall  be  paid  to  the  county  treasurer  for  the 
fund  of  the  county  school  board.  [1901  c.  238  s.  5;  Supl.  1906  s.  553g;  1907  c.  113; 
1911  c.  663  s.  34]  " 

Courses  of  study.  Section  553/t.  In  all  county  schools  of  agriculture  and  domestic 
economy  organized  under  the  provisions  of  sections  553c  to  553Z,  inclusive,  instruction 
shall  be  given  in  the  elements  of  agriculture,  including  instruction  concerning  the  soil, 
the  plant  life,  and  the  animal  life  of  the  farm;  a  system  of  farm  accounts  shall"  also  be 
taught ;  instruction  shall  also  be  given  in  manual  training  and  domestic  economy,  and 
such  other  subjects  as  may  be  prescribed.  [1901  c.  288  s.  6;  Supl.  1906  s.  553h;  1907 
c.  118;  1911  c.  '663  s.  34] 

Land  to  be  had  in  connection.  Section  553i.  Each  such  school  shall  have  connected 
with  it  a  tract  of  land  suitable  for  purposes  of  experiment  and  demonstration,  and  not 
less  than  three  acres  in  area.     [1901  c.  288  s.7;  Supl.  1906  s.  553i;  1907  c.  118] 

Schools  to  be  free;  special  instruction.  Section  553./'.  1.  The  schools  organized 
under  the  provisions  of  sections  553c  to  553Z,  inclusive,  shall  be  free  to  inhabitants  of  the 
county  or  counties  contributing  to  their  support,  who  shall  be  qualified  to  pursue  the  course 
of  study;  provided,  they  shall  have  at  least  the  qualifications  required  for  completion  of 
the  course  of  study  for  common  schools.  Whenever  students  of  advanced  age  desire  ad- 
mission to  the  school  during  the  winter  months  in  sufficient  number  to  warrant  the  organ- 
ization of  special  classes  for  their  instruction,  such  classes  shall  be  organized  and  continued 
for  such  time  as  their  attendance  may  make  necessary. 

2.  Whenever  any  person  not  residing  in  a  county  maintaining  a  county  school  of  agri- 
culture as  provided  in  sections  553c  to  553/.,  inclusive,  shall  become  a  student  in  any  such 
school,  the  board  thereof  is  hereby  empowered  to  charge  a  tuition  fee  for  such  person  to  be 
fixed  by  a  majority  of  the  members  of  said  board  at  a  regular  meeting  thereof,  provided 
that  such  tuition  fee  shall  not  exceed  one  dollar  per  week  for  each  nonresident  pupil. 

3.  The  county  board  of  the  county  of  which  such  person  is  a  bona  fide  resident,  is 
hereby  authorized  to,  and  shall  provide,  by  tax  upon  the  property  of  the  county,  a  sum 
sufficient  to  provide  for  the  payment  of  the  tuition  on  account  of  the  residents  of  said 
county  who  have  attended  such  county  school  of  agriculture  and  domestic  economy,  and  the 
amounts  so  levied  shall  be  collected  when  and  as  other  taxes  are  collected,  and  shall  be  paid 
by  the  county  treasurer  of  said  county  to  the  county  treasurer  of  the  county  in  which  the 
county  school  of  agriculture  and  domestic  economy  enrolling  such  person  is  situated;  and 
the  amount  so  received  by  such  treasurer  shall  be  placed  to  the  credit  of  the  countv  school 
of  agriculture.  [1901  c." 288  s.  8;  Supl.  1906  s.  553 j;  1907  c.  118 j  1911  c.  663  s.  34;  1913 
c.  285] 

Duty  of  state  superintendent.  Section  553fc.  The  state  superintendent  shall  give 
such  information  and  assistance  and  establish  such  requirements  as  may  seem  necessary 
for  the  proper  organization  and  maintenance  of  such  schools.  With  the  advice  of  the 
dean  of  the  college  of  agriculture  of  the  state  university,  he  shall  prescribe  the  courses  of 

327 


Chap.  27  s.  5531]  [The  Common  Schools. 

study  to  be  pursued,  and  determine  the  qualifications  required  of  teachers  employed  in 
such  schools.  He  shall  have  the  general  supervision  of  all  schools  established  under 
sections  553c  to  5537,  inclusive;  shall  from  time  to  time  inspect  the  same,  make  such 
recommendations  relating  to  their  management  as  he  may  deem  necessary,  and  make 
such  report  thereon  as  shall  give  full  information  concerning  .their  number,  character 
and  efficiency.     [1901  c.  288  s.  9;  Supl.  1906  s.  553k;  1907  c.  118;  1911  c.  663  s.  34] 

Approved  list.  Section  553L  1.  Any  school  established  under  the  provisions  of  this 
act,  whose  course  of  study  and  qualifications  of  whose  teachers  have  been  approved  by 
the  state  superintendent  and  the  dean  of  the  college  of  agriculture  may,  upon  applica- 
tion, be  placed  upon  an  approved  list  of  county  schools  of  agriculture  and  domestic 
economy.  A  school  once  entered  upon  such  list  may  remain  listed  and  be  entitled  to 
state  aid  so  long  as  the  scope  and  character  of  its  work  are  maintained  in  such  manner 
as  to  meet  the  approval  of  the  state  superintendent ;  provided,  that  he  shall  not  place  upon 
said  list  more  than  seven  schools. 

Report.  2.  On  the  first  day  of  July  in  each  year,  the  secretary  of  each  county  school 
board  maintaining  a  school  on  the  approved  list,  shall  report  to  the  state  superintendent, 
setting  forth  the  facts  relating  to  the  cost  of  maintaining  the  school,  the  character  of  the 
work  done,  the  number  and  names  of  teachers  employed  and  such  other  matters  as  may 
be  required  by  the  county  board  or  the  state  superintendent.  Upon  the  receipt  of  such 
report,  if  it  shall  appear  that  the  school  has  been  maintained  in  a  satisfactory  manner 
for  a  period  of  not  less  than  eight  months,  during  the  year  closing  on  the  thirtieth  day  of 
the  preceding  June,  the  said  superintendent  shall  make  a  certificate  to  that  effect  and  file 
it  with  the  secretary  of  state. 

State  aid.  3.  Upon  receiving  such  certificate,  the  secretary  of  state  shall  draw  his 
warrant,  payable  to  the  treasurer  of  the  county  maintaining  such  school,  for  a  sum  equal 
to  the  amount  expended  for  wages  of  legally  qualified  teachers  employed  for  at  least  eight 
months  during  the  school  year;  provided  that  the  total  amounts  so  apportioned  shall  not 
exceed  six  thousand  dollars  to  any  one  school  in  any  one  year  when  the  average  daily  at- 
tendance shall  be  less  than  one  hundred  and  twelve  pupils,  and  shall  not  exceed  the  sum  of 
seven  thousand  dollars  when  the  average  daily  attendance  shall  exceed  one  hundred  and 
twelve  pupils  and  be  less  than  one  hundred  and  thirty-seven  pupils,  and  shall  not  exceed 
the  sum  of  eight  thousand  dollars  when  the  average  daily  attendance  shall  exceed  one  hun- 
dred and  thirty-seven  pupils;  when  more  than  one  county  has  contributed  to  the  support 
of  the  school,  the  secretary  of  state  shall  draw  his  warrant  payable  to  the  treasurer  of 
each  county  for  such  portion  of  the  state  aid  as  the  amount  contributed  by  his  county  is 
part  of  the  total  amount  contributed  by  all  the  counties  for  the  support  of  the  school* for 
the  preceding  year.  The  aforesaid  amounts  shall  be  charged  to  the  appropriation  for 
state  aid  for  county  schools  of  agriculture  and  domestic  economy.  [1901  c.  288  s.  10; 
1903  c.  143  s.  10;  Supl.  1906  s.  5531;  1907  c.  118,  540;  1907  c.  676  s.  16;  1909  c.  313;  1911 
c.  646;  1913  c.  772;  1915  c.  482] 

Teachers'  minimum  salary.  Section  553Z — 1.  No  state  aid  shall  be  granted  to  any 
school  for  instruction  given  in  agriculture,  domestic  economy,  manual  training  or  indus- 
trial branches,  unless  the  salary  paid  to  every  teacher  instructing  in  such  subjects  be  at 
least  at  the  rate  of  sixty  dollars  per  month ;  provided,  that  no  school  district,  offering  in- 
struction in  such  special  branches  shall  be  deprived  of  its  right  to  share  in  the  apportion- 
ment of  state  aid,  that  employs  persons  at  a  less  salary  per  month  to  assist  the  legally 
qualified  teachers  in  conducting  such  special  work.     [1911  c.  544;  1915  c.  480] 

Section  553Z— 2.     [Repealed  by  1915  c.  482] 

Section  553m.     [Repealed  by  1913  c.  772  s.  2] 

COUNTT    BOARDS    OF    EDUCATION. 

County  boards  of  education;  five  members.  Section  553m — 1.  Whenever  at  any 
annual  county  school  board  convention  provided  for  in  subsection  9  of  section  461,  the 
question  of  adopting  county  or  district  uniform  school  textbooks  shall  be  voted  upon,  the 
vote  shall  be  taken  by  school  districts  and  each  school  district  shall  be  entitled  to  one 
vote.  If  a  majority  of  all  the  districts  in  the  county  or  superintendent  district  is  in 
favor  of  adopting  county  or  district  uniform  school  textbooks,  it  shall  be  the  duty  of 
said  school  board  convention  to  immediately  proceed  to  the  election  of  a  county  board 
of  education  for  such  county  or  superintendent  district,  which  board  shall  be  composed  of 
five  persons,  except  as  hereinafter  provided.  And  said  school  board  convention  shall,  at 
a  regular  annual  meeting  every  four  years  thereafter  elect  five  persons  who  shall  consti- 
tute said  county  board  of  education.  School  officers  residing  in  school  districts  not 
affected  by  the  provisions  of  this  act  shall  not  be  entitled  to  vote  on  the  question  of 

228 


Chap.  2/  s'.  553m — 2]  [The  Common  Schools. 

uniformity  of  textbooks  nor  be  entitled  to  participate  in  the  election  of  the  members  of 
the  county  board  of  education.      [1907  c.  561 ;  1911  c.  663  s.  35] 

Three  members.  Section  553m — 2.  Whenever  it  shall  be  impracticable  in  any 
county  to  elect  said  board  because  of  a  limited  number  of  persons  in  such  county,  possess- 
ing the  qualifications  in  this  act  provided,  the  county  school  board  convention  shall  elect 
three  persons  who  shall  constitute  said  board  of  education.      [1907  c.  561] 

Terms  of  office.  Section  553m — 3.  The  members  of  the  county  board  of  education 
so  elected  shall  hold  their  offices  for  four  years  and  until  their  successors  are  elected  and 
qualified.     [1907  c.  561] 

Vacancies.  Section  553m — 4.  The  county  school  board  convention  shall  fill  all 
vacancies  occurring  in  said  board  of  education,  excepting  vacancies  occurring  between 
the  annual  meetings  of  said  school  board  convention  which  shall  be  temporarily  filled  by 
said  county  board  of  education.     [1907  e.  561] 

Members  experienced  teachers.  Section  553m — 5.  1.  No  person  shall  be  appointed 
to  said  county  board  of  education  who  is  not  a  legally  qualified  teacher  and  has  not  had 
at  least  five  years'  experience  in  teaching  or  in  the  supervision  of  public  schools. 

Members  not  to  be  financially  interested  in  books.  2.  Nor  shall  any  person  be  ap- 
pointed to  or  serve  upon  said  board  who  is  a  dealer  in  textbooks  or  is  an  agent  of,  or 
directly  or  indirectly  interested  in,  any  person,  firm  or  corporation  engaged  in  the  pub- 
lishing or  furnishing  of  school  textbooks,  or  who  shall  be  directly  or  indirectly  interested 
in  any  book  or  series  of  books  as  the  author,  associate  author,  or  in  any  manner  what- 
soever; and  if  any  person  shall  become  so  interested  during  his  term  of  office  as  member 
of  said  board  of  education,  his  office  shall  ipso  facto  become  vacant,  and  be  filled  as  pro- 
vided for  other  vacancies. 

Penalty.  3.  Any  such  person  who  shall  violate  any  of  the  provisions  of  this  section 
while  holding  the  office  of  member  of  said' county  board  of  education  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  be  fined  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  of  said 
county  not  less  than  sixty  days  nor  more  than  one  year,  or  by  both  such  fine  and 
imprisonment.     [1907  c.  561] 

Oath  of  members.  Section  553m — 6.  Each  member  of  said  county  board  of  educa- 
tion shall,  before  entering  upon  the  duties  of  his  office,  take  and  subscribe  to  the  consti- 
tutional oath,  of  office  and  to  faithfully,  impartially  and  honestly  perform  and  discharge 
the  duties  of  his  office;  and  shall  in  addition  thereto  swear  that  he  is  not  directly  or 
indirectly  interested  in  or  related  to  any  publishing  house,  person,  firm  or  corporation, 
engaged  in  publishing  or  furnishing  of  school  textbooks,  or  any  of  their  agents,  and  that 
he  is  not  interested  directly  or  indirectly  in  any  book  or  series  of  books  as  the  author, 
associate  author,  or  otherwise;  which  oath  shall  be  filed  with  the  county  clerk  of  each 
county.     [1907  c.  561] 

Officers;  quorum.  Section  553m — 7.  The  members  of  said  board  of  education  shall 
within  ten  days  after  their  appointment  meet  at  the  county  seat  and  organize  by  electing 
one  of  their  number  president,  and  one  secretary,  and  a  majority  of  the  board  shall  con- 
stitute a  quorum  for  the  transaction  of  business,  except  that  in  the  selection  or  adoption 
of  textbooks  it  shall  require  a  majority  vote  of  all  the  members  of  the  board  to  adopt  or 
change  any  textbook.      [1907  c.  561] 

Rules.  Section  553m — 8.  The  president  and  secretary  so  elected  shall  act  as  presi- 
dent and  secretary  at  the  meetings  of  the  said  board,  and  said  board  shall  adopt  such 
rules  and  regulations  as  may  be  necessary  to  the  transaction  of  its  business,  not  contrary 
to  the  provisions  of  sections  553m — 1  to  553m — 25,  inclusive.  [1907  c.  561;  1911  c.  663 
s.  36] 

Signature  of  contracts;  public  minutes.  Section  553m — 9.  It  shall  be  the  duty  of 
the  president  and  secretary  and  they  are  hereby  authorized  to  sign  all  contracts  on  behalf 
of  said  board,  and  it  shall  be  the  duty  of  the  secretary  to  keep  a  full  and  complete  record 
of  all  proceedings  of  said  board  of  education  in  a  book  kept  for  that  purpose,  which  book 
shall  be  deemed  a  public  record  and  be  kept  in  the  office  of  the  county  superintendent  of 
schools.     [1907  c.  561] 

Meetings,  annual  and  other.  Section  553m — 10.  Said  county  board  of  education 
shall  hold  an  annual  meeting  at  the  county  seat  on  the  first  Saturday  in  May,  for  the  pur- 
pose of  organization  and  the  transacting  of  any  business  that  may  lawfully  come  before 
it,  and  they  shall  meet  at  such  other  times  as  may  be  deemed  necessary  by  the  majority 
of  the  board,  and  it  shall  be  the  duty  of  the  president  of  said  board  to  call  a  meeting  at 
any  time,  upon  the  written  request  of  three  members  or  a  majoritv  of  the  board.  [1907 
c.  561] 

320 


Chap.  27  s.  553m— 11 J  [The  Commox  Schools. 

Uniform  textbooks  adopted  quadrennially.  Section  553m — 11.  Every  county  board 
of  education  shall,  between  the  first  day  of  January  and  the  first  day  of  July,  next  follow- 
ing the  date  of  their  appointment,  and  every  fourth  year  after  the  first  adoption  of  text- 
books, meet  at  the  county  seat  and  select  and  adopt  a  uniform  series  of  textbooks  for 
their  respective  counties.     [1907  c.  561] 

Textbooks;  what  schools  to  use;  contents.  Section  553m — 12.  The  books  so  selected 
shall  be  used  in  all  school  districts  of  the  county,  except  in  districts  and  cities  maintaining 
a  free  high  school  and  in  state  graded  schools  of  the  first  class,  and  shall  include  all 
branches  provided  by  law  to  be  taught  in  the  district  schools  of  Wisconsin;  and  none 
of  said  textbooks  shall  contain  matter  of  a  partisan  or  sectarian  character.     [1907  c.  561] 

Textbooks;  how  often  changed.  Section  553m — 13.  Textbooks  so  selected  and 
adopted  by  county  boards  of  education  for  use  in  the  schools  of  any  county  shall  be  intro- 
duced the  following  September  and  used  by  each  and  every  district  in  the  county,  coming 
within  the  provisions  of  this  act,  and  shall  remain  in  use  until  the  same  shall  be  dis- 
placed or  replaced  by  said  county  board  of  education;  but  no  book  selected,  adopted  and 
introduced  into  said  schools  shall  in  any  manner  be  changed  within  five  years  from  the 
date  of  adoption.      [1907  c.  561] 

Books  now  in  use;  change.  Section  553m — 14.  In  school  districts  that  are  now  fur- 
nishing free  textbooks  it  shall  be  optional  with  the  board  of  any  such  district  as  to 
whether  or  not  a  change  of  the  textbooks  now  in  use  shall  be  made;  but  whenever  a 
change  is  made  such  textbooks  or  new  textbooks  shall  be  introduced,  only  such  textbooks 
shall  be  selected  as  are  prescribed  and  adopted  under  the  provisions  of  sections  553w — 1 
to  553m— 25,  inclusive.     [1907  c  561;  1911  c.  663  s.  36] 

Graded  school  textbooks.  Section  553m — 15.  Nothing  in  sections  553m — 1  to 
553m — 25,  inclusive,  shall  prevent  state  graded  schools  when  they  may  deem  it  advisable, 
by  a  unanimous  vote  of  the  school  board  of  any  graded  school  from  adopting,  in  lieu  of 
the  uniform  series  of  textbooks  provided  for  by  the  county  board  of  education,  the  uni- 
form series  of  books  regularly  adopted  for  use  in  the  grades  of  the  nearest  city  school 
system.     [1907  c.  561;  1911  c.  663  s.  36] 

Selection  of  books;  points  considered.  Section  553m— 16.  The  textbooks  selected 
and  adopted  by  said  board  of  education  shall  be  selected  after  a  careful  examination  and 
consideration  of  all  lists  or  sets  of  books  presented,  and  shall  be  the  best  books  in  the 
opinion  of  the  board,  taking  into  consideration  quality  of  material  used,  illustrations, 
binding,  price,  and  all  other  things  that  go  to  make  up  a  desirable  textbook ;  merit,  how- 
ever, shall  be  the  main  point  to  be  considered  in  their  selection.  A  majority  vote  of  all 
the  members  of  said  board  of  education  shall  be  required  to  adopt,  change  or  readopt 
any  and  all  textbooks.      [1907  c.  561] 

Books  supplementary.  Section  553m — 17.  Nothing  contained  in  sections  553m — 1 
to  553m — 25,  inclusive,  shall  be  so  construed  as  to  prevent  school  districts  coming  within 
the  provisions  of  sections  553m — 1  to  553m — 25,  inclusive,  or  the  county  board  of  edu- 
cation, from  selecting,  introducing  and  using  additional  and  supplementary  books  at  any 
time  when  they  deem  it  necessary  in  order  to  establish  and  maintain  the  highest  standard 
of  excellence  in  their  schools.     [1907  c.  561;  1911  c.  663  s.  36] 

Good  faith  in  use.  Section  553m — 18.  Such  supplementary  books  shall  not  be  used 
to  the  exclusion  of  the  books  prescribed  and  adopted  under  the  provisions  of  sections 
553m — 1  to  553m — 25,  inclusive,  and  that  full  use  be  made  in  good  faith  of  the  books 
adopted  under  sections  553m — 1  to  553m — 25,  inclusive.      [1907  c.  561;  1911  c.  663  s.  36] 

Notices  to  book  dealers.  Section  553m — 19.  Each  and  every  county  board  of  edu- 
cation shall  at  least  thirty  days  before  meeting  to  adopt  textbooks  send  notice  to  text- 
book publishers  and  advertise  in  a  newspaper  of  general  circulation  of  the  county  a  notice 
to  the  effect  that  said  board  will  on  a  dajr  named  therein,  meet  at  the  county  seat  and 
select  and  adopt  a  uniform  series  of  textbooks  for  the  use  of  all  the  public  district 
schools  of  said  county,  except  in  districts  and  cities  maintaining  a  free  high  school  and 
state  graded  schools  of  the  first  class,  and  shall  invite  proposals  for  the  furnishing  of 
such  books,  giving  a  list  of  textbooks  to  be  selected,  the  publishers  to  state  an  exchange 
price,  wholesale  price  and  retail  price  to  pupils  or  school  districts  during  the  period  of 
their  use  in  said  county  and  such  further  information  as  said  board  of  education  may 
require.  Said  notice  shall  also  state  the  time  when  proposals  and  samples  of  books  must 
be  submitted  to  them,  and  such  further  facts  as  the  said  board  mav  deem  necessary 
[1907  c.  561] 

Sample  books;  price  lists.  Section  553m — 20.  1.  Any  person,  firm  or  corporation 
desiring  to  furnish  books  under  the  provisions  of  sections  553m — 1  to  553m— 25,  inclu- 
sive, in  any  county  shall,  at  or  before  the  time  for  filing  his  bid  or  proposition  hereunder, 

330 


L'HAr.  2(  s.  553m-- -21 J  [The  Common  Schools. 

deposit  in  the  office  of  the  county  superintendent  of  schools  samples  of  all  textbooks 
included  in  his  bid,  together  with  lists  giving  the  lowest  exchange  price,  whosesale  price 
and  retail  price  to  pupils  or  school  districts  for  the  same. 

Collection  of  texts  and  lists.  2.  Said  samples  and  lists  shall  remain  in  the  said  su- 
perintendent's office,  and  shall  be  delivered  by  him  to  his  successor  in  office,  and  shall  be 
kept  by  him  in  such  safe  and  convenient  manner  as  to  be  open  at  all  times  to  the  inspec- 
tion of  such  school  officers,  school  patrons  and  school  teachers  as  may  desire  to  examine 
the  same  and  compare  them  with  others  for  the  purpose  of  use  in  the  public  schools. 
[1907  c.  561;  1911  c.  663  s.  36] 

Book  dealer's  bond  and  surety.  Section  553m — 21.  Said  board  of  education  shall 
require  any  person  or  persons,  firm  or  corporation  with  whom  they  contract  for  furnish- 
ing any  books  to  give  a  good  and  sufficient  bond,  in  such  sum  and  with  such  conditions 
and  sureties  as  may  be  necessary  and  reasonable,  for  the  faithful  performance  of  any 
such  contract.  Bonds  of  surety  companies,  duly  authorized  under  the  laws  of  Wiscon- 
sin, shall  be  accepted.     [1907  c.  561] 

Book  depositories.  Section  553m — 22.  1.  Said  board  of  education  shall  arrange  for 
such  depositories  as  it  may  deem  necessary  for  the  purpose  of  furnishing  to  school  boards 
or  local  dealers  the  books  adopted  and  to  be  used. 

2.  Such  depositories  shall  furnish  a  good  and  sufficient  bond  to  protect  publishers 
against  any  possible  loss  that  may  be  sustained.  Depositories  shall  receive  books  dis- 
' placed  by  the  uniform  adoption  and  return  same  to  publishers  at  agreed  allowance. 
Depositories  shall  accept  books  on  uniform  list  at  reasonable  price  from  people  wlio  are 
moving  out  of  the  county;  such  books  to  be  resold  to  pupils  in  the  county  at  a  slight 
advance  on  cost.     [1907  c.  561] 

District  in  more  than  one  county.  Section  553m — 23.  In  all  joint  school  districts 
coming  within  the  meaning  of  sections  553m — 1  to  553m — 25-,  inclusive,  situated  in  more 
than  one  county  in  the  state,  such  joint  school  district  shall,  for  the  purposes  of  sections 
•j53m — 1  to  553 m- -25,  inclusive,  be  held  and  deemed  to  be  a  school  district  within  the 
one  of  said  counties  where  the  schoolhouse  is  located,  and  for  all  purposes  of  sections 
553??* — 1  to  553m — 25,  inclusive,  it  shall  be  under  the  control  and  jurisdiction  of  the 
county  board  of  education  of  such  county  in  which  the  schoolhouse  is  located.  [1907 
c.  561;  1911  c.  663  s.  36] 

Schools  exempt  from  sections  553m — 1  to  553m — 25.  Section  553m — 24.  It  is  ex- 
pressly provided  that  sections  553m — 1  to  553m — 25,  inclusive,  shall  not  apply  to  districts 
and  cities  maintaining  a  free  high  school,  or  state  graded  schools  of  the  first  class,  or  to 
'districts  maintaining  independent  high  schools,  or  to  grades  above  the  eighth  grade  in 
graded  schools,  nor  to  private  or  parochial  schools;  but  nothing  in  sections  553m — 1  to 
553m — 25,  inclusive,  shall  be  construed  to  prevent  any  of  such  schools  from  adopting  and 
buying  the  books  adopted  by  the  county  board  of  education  at  the  prices  and  terms  fixed 
by  them  if  they  shall  elect  to  do  so.      [1907  c.  561;  1911  c.  663  s.  36] 

Expenses  of  board  members.  Section  553m — 25.  The  members  of  the  said  county 
board  of  education  shall  be  reimbursed  their  actual  and  necessary  expenses  in  the  per- 
formance of  their  duties;  the  same  to  be  paid  out  of  any  funds  of  the  county  not  other- 
wise appropriated.     [1907  c.  561] 

SCHOOL  TEXTBOOKS. 

Books  and  bond  filed  with  state  superintendent.  Section  rs53m — 101.  No  person 
shall  offer  any  school  textbook  for  adoption,  sale  or  exchange  ij  the  state  of  Wisconsin 
until  he  shall  have  complied  with  the  following  conditions : 

(1)  He  shall  file  copies  of  all  textbooks  proposed  to  be  sold  in  the  state  of  Wisconsin 
by  the  company  manufacturing  such  book,  in  the  office  of  the  state  superintendent  of  pub- 
lic instruction  with  a  sworn  statement  of  the  list  price,  the  lowest  wholesale  price,  and  the 
lowest  exchange  price  at  which  said  book  is  sold  or  exchanged  for  an  old  book  on  the  same 
subject  of  like  grade  and  kind  but  of  a  different  series  in  states  of  the  United  States  in- 
cluding the  state  of  Wisconsin. 

(2)  He  shall  file  with  the  state  superintendent  of  public  instruction  a  bond  running 
to  the  people  of  the  state  of  Wisconsin,  with  a  responsible  surety  company  authorized  to 
do  business  in  the  state  of  Wisconsin  as  surety  thereon,  in  a  penal  sum  to  be  determined 
by  the  state  superintendent  of  public  instruction,  of  not  less  than  two  thousand  dollars 
nor  more  than  ten  thousand  dollars,  conditioned  as  follows: 

(a)  That  he  will  furnish  any  of  the  books  listed  in  said  statement  and  in  any  other 
statement  subsequently  filed  by  him  within  five  years,  to  any  school  district,  to  any  school 
corporation  and  to  any  person  or  corporation  in  the  state  of  Wisconsin  at  the  lowest  price 

331 


Chap.  2<  s.  553m — 102 j  [The  Common  Schools. 

•contained  in  said  statement  and  that  he  will  maintain  said  price  uniformly  throughout  the 
state; 

(b)  That  he  will  reduce  such  prices  automatically  in  Wisconsin  whenever  reductions 
are  made  elsewhere  in  the  United  States,  so  that  at  no  time  shall  any  book  so  filed  and 
listed  by  him  be  sold  in  the  state  of  Wisconsin  at  a  higher  net  price  than  is  received  for 
such  book  elsewhere  in  the  United  States; 

(c)  That  all  textbooks  offered  for  sale,  adoption,  or  exchange  in  the  state  of  Wiscon- 
sin shall  be  equal  in  quality  to  those  deposited  in  the  office  of  the  state  superintendent  di 
public  instruction  as  regards  paper,  binding,  print,  illustrations,  subject  matter,  and  all 
ether  particulars  that  may  affect  the  value  of  such  textbooks; 

(d)  In  case  he  shall  prepare  an  abridged  or  special  edition  of  any  of  the  books  so 
listed  by  him,  and  shall  sell  such  special  edition  elsewhere  at  a  lower  wholesale  price  than 
the  wholesale  price  scheduled  with  the  state  superintendent,  he  shall  file  a  copy  of  such 
special  edition  together  with  the  price  therefor,  as  above  stated,  with  the  state  superin- 
tendent of  public  instruction; 

(e)  He  shall  not  enter  into  any  understanding,  agreement  or  combination  to  control 
the  prices  or  to  restrict  competition  in  the  sale  of  school  textbooks.     [1915  c.  460] 

Approval  and  renewal  of  bond.  Section  553m — 102.  Such  bond  shall  be  approved 
by  the  attorney-general  and  shall  continue  in  force  for  the  period  of  five  years  after  its 
filing,  at  or  before  the  expiration  of  which  period  a  new  bond  shall  be  given,  or  the  right 
to  continue  business  within  the  state  shall  be  forfeited.     [1915  c.  460] 

Distribution  of  book  lists.  Section  553 m — 103.  The  state  superintendent  of  public 
instruction  shall  annually  on  the  first  day  of  June  publish  and  send  to  each  school  district 
in  the  state,  a  copy  of  all  such  lists  then  in  force  in  his  office.     [1915  c.  460] 

Notice  of  violation  of  bond;  enforcement.  Section  553m — 104.  It  shall  be  the  duty 
of  all  teachers  and  principals  of  schools  in  the  several  districts  of  this  state,  to  notify  the 
city  or  county  superintendent  of  schools  of  the  school  district  corporation  in  which  they 
respectively  reside,  of  any  violation  of  any  of  the  conditions  contained  in  said  bond  that 
shall  come  to  their  knowledge,  and  it  shall  thereupon  be  the  duty  of  such  city  or  county 
superintendent  of  schools  to  investigate  the  alleged  violation,  and  if  he  shall  determine 
that  there  is  good  ground  for  believing  that  said  conditions  have  actually  been  violated,  he 
shall  forthwith  report  the  matter  to  the  state  superintendent  of  public  instruction,  who 
shall  thereupon  notify  the  person  guilty  of  such  violation  to  comply  with  the  conditions  of 
his  said  bond  and  to  make  good  any  loss  or  injury  that  may  have  been  occasioned  by  such 
violation  within  a  reasonable  time  to  be  inserted  in  said  notice.  If  the  person  so  notified 
shall  fail  to  comply  with  the  requirements  of  the  notice,  the  said  superintendent  of  public 
instruction  may  thereupon  suspend  his  right  to  sell  school  textbooks  within  the  state  of 
Wisconsin  until  he  shall  so  comply.  In  case  any  person  who  has  given  the  bond  aforesaid 
shall  refuse  to  comply  with  the  provisions  thereof,  or  shall  violate  the  same  the  second  time, 
the  said  superintendent  of  public  instruction  shall  declare  his  bond  forfeited  and  the  at- 
torney-general shall  bring  suit  thereon,  in  any  court  having  jurisdiction  thereof.  In  case 
judgment  shall  be  rendered  in  favor  of  the  state  on  such  bond,  judgment  shall  be  entered 
and  damages  assessed  for  the  penal  amount  thereof,  and  when  paid,  it  shall  be  placed  to 
the  credit  of  the  state  school  fund  for  the  common  schools  of  the  state  of  Wisconsin.  In 
case  judgment  is  rendered  against  the  principal  in  such  bond,  he  shall  be  barred  from 
further  continuance  of  his  business  within  the  state  of  Wisconsin  for  a  period  of  five 
years.      [1915  c.  460] 

Bribery  of  teacher  or  school  officer.  Section  553 m — 105.  No  person  shall  secure 
<>r  attempt  to  secure  the  sale  of  any  school  textbooks  in  any  school  district  in  this  state  by 
rewarding  or  promising  to  reward  any  teacher  in  any  school  in  the  state  or  by  securing  for 
him  any  position  in  any  other  school.  No  person  shall  offer  or  give  any  emolument,  money 
or  other  valuable  thing,  promise  of  work  or  any  other  inducement  to  any  teacher  or  school 
officer  in  any  school  district  for  any  vote  or  promise  of  vote  or  for  the  use  of  his  influence 
for  any  school  textbook  to  be  used  in  this  state;  provided,  that  nothing  in  this  section  shall 
be  coHstrued  to  prevent  any  person  from  giving,  or  any  school  officer  or  teacher  from  receiv- 
ing a  reasonable  number  of  sample  copies  of  school  textbooks  for  examination  with  a  view 
to  obtaining  information  as  to  the  book  or  series  of  books  for  which  such  officer  shall  °ive 
his  vote.     [1915  c.  460] 

Purchase  and  sale  of  books.  Section  553m — 10G.  School  districts  are  hereby  au- 
thorized to  purchase  textbooks  from  the  publishers  at  the  prices  listed  with  the  state  su- 
perintendent of  public  instruction  as  hereinbefore  provided  and  to  sell  said  books  to  the 
pupils  at  said  listed  prices  or  at  such  prices  as  will  include  the  cost  of  transportation  and 
the  cost  of  handling.      [1915  c.  460] 


Chap.  27  s.  553m — 10/]  [The  Co.ujion  Schools. 

Definition  of  person.  Section  553m — 107.  The  word  "person''  as  used  in  sec- 
tions 553m — 101  to  553m — 108,  inclusive,  of  the  statutes,  shall  include  firms,  associations 
and  corporations.     [1915  c.  460] 

Penalty  for  violation.  Section  553m — 10S.  Any  person  violating  any  of  the  pro- 
visions of  sections  553m — 101  to  553?w — 107,  inclusive,  of  the  statutes,  shall,  on  conviction 
thereof,  be  punished  by  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  not 
exceeding  three  months,  or  bv  both  such  fine  and  imprisonment  at  the  discretion  of  the 
court.     [1915  c.  460] 

PARTICIPATION  OF  VILLAGES   IN    COUNTY    SCHOOLS    OF   AGRICULTURE   AND   DOMESTIC    SCIENCE. 

County  schools  of  agriculture  and  domestic  economy;  villages  empowered  to  con- 
tribute. Section  553».  Any  village  in  which  or  adjacent  to  which  a  county  school  of 
agriculture  and  domestic  economy  has  been  located  under  the  provisions  of  sections  553c 
to  553m,  inclusive,  may  contribute  for  the  organization,  erection,  construction  and  equip- 
ment of  such  school  cot  to  exceed  taac-fifth  of  the  entire  cost  thereof.  [1907  c.  11;  1911 
c.  663  s.  37] 

Issue  of  school  bonds;  notice  of  election  therefor.  Section  553o.  Any  such  village 
may  issue  bonds  for  such  purpose  in  the  manner  provided  by  section  943  of  the  statutes. 
The  notice  of  election  in  the  case  of  bonds  for  such  county  seliool  of  agriculture  and 
domestic  economy  need  not  be  published  in  a  newspaper  in  such  village  more  than  one 
week  prior  to  the  election,  nor  need  such  notice  be  posted,  when  posting  is  required,  more 
than  seven  days  prior  to  the  election.     [1907  c.  11;  1911  c.  663  s.  38] 

INDUSTRIAL   EDUCATION. 

State  board  of  industrial  education;  organization;  functions.  Section  553p — 1. 
1.  There  is  hereby  created  a  state  board  of  industrial  education  to  be  appointed  by  the 
governor.  The  board  shall  consist  of  six  appointive  members,  three  of  whom  shall  be 
employers  of  labor  and  three  of  whom  shall  be  skilled  employes.  The  state  superintend- 
ent of  education  and  the  dean  of  the  extension  department  and  the  dean  of  the  college 
of  engineering  of  the  University  of  Wisconsin  shall  be  ex  officio  members  of  this  board. 

2.  Each  appointive  member  shall  hold  office  for  two  years.  In  the  first  appointments 
the  governor  shall  designate  three  members  to  serve  for  one  year  and  three  members  to 
serve  for  two  years  from  the  first  day  of  July  of  the  year  in  which  the  appointments  are 
made.  All  appointments  thereafter  shall  be  for  two  years  except  appointments  to  fill 
vacancies,  which  shall  be  for  the  unexpired  portion  of  the  term. 

3.  Said  board:  (1)  Shall  have  control  over  all  state  aid  given  under  sections  553p — 1 
to  553p — 15,  inclusive;  (2)  shall  meet  quarterly  and  at  such  other  times  as  may  be  found 
necessary;  (3)  shall  report  biennially;  (4)  may  employ  assistants  for  the  development  of 
the  work  of  industrial  education  and  all  accounts  for  such  salaries  shall  be  certified  by  the 
secretary  of  said  board  to  the  secretary  of  state.  In  the  performance  of  the  duties  pre- 
scribed by  the  board,  the  state  superintendent  of  public  instruction  shall  be  the  executive 
officer  of  the  board  in  directing  the  activities  of  the  assistants  provided  for  in  this  act, 
and  they  shall  report  to  him  and  to  the  board  in  such  manner  and  at  such  times  as  he  may 
direct  or  the  board  may  order.  [1911  c.  616;  1911  c.  664  s.  146;  1913  c.  772  s.  70;  1915 
c.  515~] 

State  superintendent  to  appoint  assistant  for  industrial  education;  salary;  employes. 
Section  553p — 2.  1.  The  state  superintendent  of  education  shall  appoint  an  assistant 
in  the  department  of  public  instruction  to  be  known  as  the  assistant  for  industrial  edu- 
cation, lie  shall  with  the  advice,  consent  and  direction  of  the  state  superintendent  of 
education  have  general  supervision  over  the  public  industrial  schools  and  over  all  public 
evening  schools,  continuation  schools  and  commercial  schools  created  under  sections 
553;;> — 1  to  553p — 15,  inclusive.  The  laws  relating  to  agricultural  schools  and  the  Platte- 
ville  mining  trade  school  shall  remain  unaffected  by  said  sections. 

2.  [Repealed  by  1913  c.  772  s.  115] 

3.  The  state  superintendent  of  education  shall  have  in  addition  to  the  assistant  for 
industrial  education  such  other  assistants  as  he  shall  deem  necessary  for  work  in  the 
same  general  field. 

4.  All  positions  except  that  of  assistant  for  industrial  education  shall  be  filled  by  civil 
service  examination,  as  provided  by  sections  990 — 1  to  990 — 32,  inclusive.  [1911  c.  616; 
1911  c  664  s.  146;  1913  c.  772  s.  114,  115] 

Local  boards;  organization;  powers;  duties.  Section  553p — 3.  1.  In  every  town  or 
villace  or  city  of  over  five  thousand  inhabitants  there  shall  be,  and  in  towns,  cities  and 

333 


Chap.  27  s.  553^> — 4]  [The  Common  Schools. 

villages  of  less  than  five- thousand  inhabitants  there  may  be  a  local  board  of  industrial 
education,  whose  duty  it  shall  be  to  establish,  foster  and  maintain  schools  for  instruction 
in  trades  and  industries,  commerce  and  household  arts  in  part-fime-day,  all-day  and  even- 
ing classes  and  such  other  branches  as  are  enumerated  in  subsection  1  of  section  553p — 5 
of  the  statutes.  Said  board  may  take  over  and  maintain  in  the, manner  provided  in  sec- 
tions 553p — 1  to  553p — 15,  inclusive,  any  existing  schools  of  similar  nature. 

2.  Such  board  shall  consist  of  the  city  superintendent  of  schools  ex  officio  or  the 
principal  of  the  high  school  ex  officio,  if  there  be  no  city  superintendent,  or  the  presi- 
dent or  chairman  of  the  local  board  charged  with  the  supervision  of  the  schools  in  case 
there  be  neitlier  of  the  above-mentioned  officers,  and  four  other  members,  two  employers 
and  two  employes,  who  shall  be  appointed  by  the  local  board  charged  with  the  super- 
vision of  the  schools  and  who  shall  serve  without  pay. 

3.  The  term  of  the  appointive  members  of  the  local  boards  of  industrial  education 
shall  be  two  years  from  the  first  of  January  of  the  year  in  which  they  are  appointed; 
provided,  however,  that  in  the  first  appointment  two  members  shall  be  appointed  who  are 
to  serve  for  only  one  year  from  the  first  of  January  of  the  year  in  which  they  are 
appointed.  All  subsequent  appointments  shall  be  for  two  years,  except  appointments 
to  fill  vacancies,  which  shall  be  for  the  unexpired  portion  of  the  term. 

4.  The  local  board  of  industrial  education  shall  elect  its  officers  from  its  membership, 
a  chairman  and  a  secretary.  The  local  boards  of  industrial  education,  with  the  co-opera- 
tion of  the  state  board  of  industrial  education,  shall  have  general  supervision  of  the 
instruction  in  the  local  schools  created  under  sections  553^ — 1  to  553p — 15,  inclusive. 

5.  No  state  aid  shall  be  granted  to  schools  created  under  sections  553p — 1  to  553p — 15, 
inclusive,  without  the  approval  of  the  local  board  of  industrial  education.  No  money 
appropriated  by  the  city,  town  or  village  for  these  schools  shall  be  spent  without  the 
approval  of  the  local  board  of  industrial  education. 

6.  The  teachers  in  the  schools  created  under  sections  553p — 1  to  553jp — 15,  inclusive, 
shall  be  employed  and  their  qualifications  determined  by  the  local  board  of  industrial 
education. 

7.  This  board,  shall  have  power  to  purchase  all  machinery,  tools  and  supplies,  and 
purchase  or  lease  suitable  grounds  or  buildings  for  the  use  of  the  schools  under  its  super- 
vision.    Existing  school  buildings  and  equipment  shall  be  used  as  far  as  practicable. 

8.  The  board  is  empowered  to  make  contracts  with  the  extension  division  of  the  Uni- 
versity of  Wisconsin  to  give  instruction  in  such  branches  as  the  department  may  offer, 
when  in  the  judgment  of  the  local  board  such  instruction  can  be  secured  to  better  advan- 
tage than  by  local  provision. 

9.  Whenever  twenty-five  persons  qualified  to  attend  an  industrial,  commercial,  con- 
tinuation or  evening  school  file  a  petition  therefor  with  the  local  board  of  industrial  edu- 
cation the  board  shall  establish  such  school  or  schools  or  provide  other  facilities  as  author- 
ized in  sections  553p— 1  to  553p— 15,  inclusive.  [1911  c.  616;  1911  c.  664  s.  146;  1915 
c.  515  s.  2] 

Estimated  expense  for  maintenance;  mill-tax  appropriation;  collection  and  segrega- 
tion thereof.  Section  bb3p— 4.  1.  The  local  board  of  industrial  education  of  every 
city,  village  or  town  shall  report  to  the  common  council,  or  village  or  town  clerk  at  or 
before  the  first  day  of  September  in  each  year,  the  amount  of  money  required  for  the 
next  fiscal  year  for  the  support  of  all  the  schools  established  or  to  be  established  under 
sections  553p — 1  to  553p— 15,  inclusive,  in  said  city,  village  or  town,  and  for  the  pur- 
chase of  necessary  additions  to  school  sites,  fixtures  and  supplies. 

2.  There  shall  be  levied  and  collected  in  every  city,  village  or  town,  subject  to  taxa- 
tion under  sections  ~YAp — 1  to  553p — 15,  inclusive,  a  tax  upon  all  taxable  property  in 
said  city,  village  or  town,  at  the  same  time  and  in  the  same  manner  as  other  taxes  are 
levied  and  collected  by  law,  which  together  with  the  other  funds  provided  by  law  and 
placed  at  the  disposal  of  said  city,  village  or  town  for  the  same  purpose,  shall  be  equal 
to  the  amount  of  money  so  required  by  said  local  board  of  industrial  education  for  the 
purposes  of  said  sections. 

3.  The  rate  of  tax  levied  for  the  purposes  of  sections  oo3p — 1  to  &53p — 15,  inclusive, 
in  any  town,  village  or  city  shall  not  in  any  one  year  exceed  one-half  mill  for  the  main- 
tenance of  all  schools  created  under  said  sections. 

4.  The  said  taxes  for  the  purpose  named  in  this  section  shall  be  in  addition  to  all 
other  special  and  general  taxes  levied  for  town,  village  or  city  purposes  and  shall  be  for 
the  use  and  support  of  schools  established  under  sections  553p— 1  to  553p — 15,  inclusive. 

5.  The  treasurer  of  the  town,  village  or  city  shall  keep  such  money  separate  from  all 
other  money,  to  be  used  exclusively  for  the  purpose  of  industrial  education  as  provided 
in   sections   553p — 1   to   553p — 15,   inclusive.     All  moneys   appropriated   and  expended 

334 


Chap.  2t  s.  553^ — 5j  [The  Common  Schools. 

under  said  sections  shall  be  expended  by  the  local  board  of  industrial  education  and  shall 
be  paid  by  the  town,  village  or  city  treasurer  on  orders  issued  by  said  board  and  signed 
by  its  president  and  secretary. 

C.  All  moneys*  received  by  said  board  shall  be  paid  to  the  town,  village  or  city  treas- 
urer for  the  fund  of  the  local  board  of  industrial  education.  [1911  c.  616;  1911  c.  664 
s.  146}       ■ 

Courses  of  study.  Section  553p — 5.  1.  The  courses  of  study  in  these  schools  shall 
be  approved  by  the  state  superintendent  of  education  and  the  state  board  of  industrial 
education,  and  shall  include  English,  citizenship,  sanitation  and  hygiene  and  the  use  of 
safety  devices,  and  such  other  branches  as  the  state  superintendent  and  the  state  board 
of  industrial  education  shall  approve. 

2.  The  local  board  of  industrial  education  may  allow  pupils  attending  any  school 
established  under  sections  553p — 1  to  553p — 15,  inclusive,  who  have  had  courses  equiva- 
lent to  any  of  those  offered,  to  substitute  other  work  therefor.  [1911  c.  616 ;  1911  c.  664 
i.   146] 

State  aid;  procedure  for  obtaining.  Section  553p — 6.  1.  Not  more  than  twenty 
thousand  dollars  for  any  one  city  of  the  tirst  class,  nor  more  than  ten  thousand  dollars 
for  any  other  one  city,  town  or  village  shall  be  appropriated  from  the  state  funds  for  the 
purposes  of  sections  553p — 1  to  553|; — 15,  inclusive,  in  any  one  year. 

2.  A  school  once  granted  state  aid  shall  be  entitled  thereto  as  long  as  the  character  of 
its  work  meets  with  the  approval  of  the  state  superintendent  of  education  and  the  state 
hoard  of  industrial  education. 

3.  The  secretary  of  the  local  hoard  of  industrial  education  of  each  city,  town  or  vil- 
lage in  which  such  school  or  schools  are  maintained,  shall  on  the  first  day  of  July  in 
each  year,  report  to  the  state  superintendent  of  education  the  cost  of  maintaining  the 
school,  the  character  of  the  work  done,  the  number,  names  and  qualifications  of  the  teach- 
ers employed,  and  such  other  information  as  may  be  required  by  the  state  superintendent 
of  education. 

4.  If  such  report  is  satisfactory  to  the  state  superintendent  of  education  and  the  state 
board  of  industrial  education,  and  they  are  satisfied  that  the  school  or  schools  have  been 
maintained  in  a  satisfactory  manner  for  not  less  than  eight  months  during  the  year  end- 
ing the  thirtieth  of  the  preceding  June,  the  state  superintendent  of  education  shall  make 
a  certificate  to  that  effect  and  file  it  with  the  secretary  of  state.  The  secretary  of  state 
shall  I  hen  draw  a  warrant  payable  to  the  treasurer  of  such  city,  town  or  village  in  which 
such  industrial  school  is  located,  for  a  sum  equal  to  one-half  the  amount  actually  expended 
for  maintenance  and  salaries  of  teachers  for  instruction  specified  in  subsection  1  of  sec- 
tion 553p — 3  of  the  statutes,  but  in  no  case  shall  the  amount  appropriated  exceed  twenty 
thousand  dollars  for  any  one  city  of  the  first  class,  nor  more  than  ten  thousand  dollars  for 
any  other  one  city,  town  or  village. 

5.  If  the  appropriation  provided  for  in  section  172 — 49  of  the  statutes  is  not  suffi- 
cient to  pay  the  approved  claims  in  any  one  year  under  the  provisions  of  subsection  4  of  this 
section,  then  the  funds  available  shall  be  distributed  among  the  towns,  villages  and  cities 
entitled  to  aid  in  the  proportion  that  the  amount  due  any  town,  village  or  city,  bears  to 
the  total  amount  of  aid  demand  in  any  one  year  by  all  the  towns,  villages  and  cities  en- 
titled to  aid  under  the  provisions  of  sections  553p — 1  to  553p — 9,  inclusive,  and  553p — 15 
of  the  statutes.  [1911  c.  616;  1911  c.  664  s.  146;  1913  c.  677;  1915  c.  313;  1915  c.  515 
s.  2;  1915  c.  609  s.  36] 

Requirements  for  admission  of  pupils.  Section  553p — 7.  The  schools  established 
under  sections  5o3p — 1  to  553j? — 15,  inclusive,  shall  be  open  to  all  residents  of  the  cities, 
towns  and  villages  in  which  such  schools  are  located,  of  fourteen  years  of  age  or  over 
who  are  not  by  law  required  to  attend  other  schools,  and  to  all  persons  over  fourteen  years 
of  age  employed  in  said  cities,  towns  or  villages  but  who  are  residents  of  other  municipal- 
ities maintaining  industrial,  continuation,  commercial  or  evening  schools;  provided  that  no 
such  person  who  is  a  resident  of  any  municipality  maintaining  industrial,  continuation  or 
evening  schools,  shall  be. received  in  or  admitted  to  classes  in  any  such  school  in  any  other 
municipality,  except  upon  presentation  to  the  authorities  of  such  school  of  the  written  ap- 
proval of  the  local  board  of  industrial  education  having  charge  of  such  school  in  the  mu- 
nicipality wherein  such  person  resides.  Any  city,  town  or  village  maintaining  industrial 
schools  as  provided  in  sections  553p — 1  to  533p — 15,  inclusive,  that  shall,  as  herein  pro- 
vided, admit  to  the  privileges  of  such  schools  persons  employed  in  such  municipalities,  but 
who  are  residents  of  other  municipalities  maintaining  industrial  schools,  is  empowered  to 
collect  tuition  for  the  schooling  of  such  nonresident  persons,  from  the  municipality  in 
which  the  parents  or  guardians  of  such  persons  reside,  in  the  same  manner  and  at  the  same 
rate  of  tuition  as  is  provided  for  the  collection  of  tuition  for  nonresident  pupils  in  sec- 

335 


Chap.  27  s.  553p— 8j  [The  Common  Schools, 

tion  553p — 8.  Any  person  over  the  age  of  fourteen  who  shall  reside  in  any  town,  village 
or  city  not  having  an  industrial  school  as  provided  in  said  sections,  and  who  is  otherwise 
qualified  to  pursue  the  course  of  study  may  with  the  approval  of  the  local  board  of  indus- 
trial education  in  any  town,  village  or  city  having  a  school  established  under  said  sections, 
be  allowed  to  attend  any  school  under  their  supervision.  Such  persons  shall  be  subject  to 
the  same  rules  and  regulations  as  pupils  of  the  school  who  are  residents  of  the  town,  vil- 
lage or  city  in  which  the  school  is  located.      [1911  c.  616;  1911  c.  664  s.  146;  1915  c.  238] 

Nonresident  tuition  fees.  Section  553 p— -8.  The  local  board  of  industrial  educa- 
tion is  authorized  to  charge  tuition  fee  for  nonresident  pupils  not  to  exceed  fifty  cents 
per  week.  On  or  before  the  first  day  of  July  in  each  year  the  secretary  of  the  local  board 
of  industrial  education  shall  send  a  sworn  statement  to  the  clerk  of  the  city,  village  or 
town  from  which  any  such  person  or  persons  may  have  been  admitted.  This  statement 
shall  set  forth  the  residence,  name,  age  and  date  of  entrance  to  such  school,  and  the  num- 
ber of  weeks'  attendance  during  the  preceding  year  of  each  such  person  at  the  school. 
It  shall  show  the  amount  of  tuition  which  under  the  provisions  of  this  act  the  town,  city 
or  village  is  entitled  to  receive  on  account  of  each  and  all  such  pupils'  attendance.  This 
statement  shall  be  filed  as  a  claim  against  the  town,  village  or  city  where  such  pupil  re- 
sides and  allowed  as  other  claims  are  allowed.      [1911  c.  616] 

Charges  for  material  consumed.  Section  553p — 9.  Students  attending  any  school 
under  sections  553p — 1  to  .353// — 15,  inclusive,  may  be  required  to  pay  for  all  material 
consumed  by  them  in  their  work  in  such  school  at  cost  prices  or  in  lieu  thereof  the  school 
board  may  establish  a  fixed  sum  to  be  paid  by  each  student  in  each  course,  which  sum 
shall  be  sufficient  to  cover,  as  nearly  as  may  be,  the  cost  of  the  material  to  be  consumed 
in  such  course;  any  manufactured  articles  made  in  such  school  and  that  may  accumulate 
shall  be  disposed  of  at  their  market  value  at  the  discretion  of  the  school  board,  and  the 
proceeds  shall  be  paid  to  the  local  treasurer  for  the  fund  of  the  local  board  of  industrial 
education.     [1911  c.  616;  1911  c.  664  s.  146] 

Board  of  trustees  of  the  Stout  institute;  status;  general  powers  and  duties;  employes. 
Section  533p — 10.  The  state  board  of  industrial  education  shall  also  constitute  a  body 
corporate  under  the  name  of  the  "Board  of  Trustees  of  the  Stout  Institute,"  and  shall 
1  ossess  all  powers  necessary  or  convenient  to  accomplish  the  objects  and  perform  the 
duties  prescribed  by  law.  In  such  capacity,  such  board  shall  also  employ  such  clerks  and 
assistants  as  may  be  necessary  to  properly  conduct  its  affairs.  The  state  treasurer  shall 
be  ex  officio  treasurer  of  the  board,  but  the  board  shall  appoint  a  suitable  person  to  re- 
ceive fees  or  other  moneys  that  may  be  due  such  board,  to  account  therefor,  and  to  pay 
such  monevs,  within  one  week  of  their  receipt,  to  the  state  treasurer.  Such  payments- 
shall  be  credited  to  Stout  institute.     [1911  c.  616;  1913  c.  229] 

Board  may  accept  the  Stout  institute  and  other  donations,  and  hold  same  in  trust. 
Se<  Ti-.n  553p — 11.  Such  board  is  authorized  to  accept  free  of  cost  to  the  state  and  to- 
hold  as  a  trustee  for  the  stale,  the  property  of  the  Stout  institute  located  at  Menominee, 
Wisconsin,  and  to  maintain  such  institute  under  the  name  of  '"The  Stout  Institute."  Pro- 
vided, that  the  trustees  of  said  Stout  institute  turn  over  to  the  state,  within  two  months 
after  the  passage  and  publication  of  this  act,  said  property  free  and  clear  of  all  incum- 
brances and  debt,  released  from  all  claims  or  interest  which  the  city  of  Menominee  or 
the  heirs  of  James  H.  Stout  may  have  had  in  said  property  and  having  put  the  buildings 
in  good  condition,  and  having  made  such  repairs  as  may  be  necessary  before  turning  over 
said  properly.  The  board  is  also  authorized  to  accept  such  other  property  or  moneys  as  " 
it  may  deem  advisable  to  be  accepted  which  can  profitably  be  used  by  it  in  promoting 
the  interests  intrusted  to  it.  Such  board  may  purchase,  have,  hold,  control,  possess  and 
enjoy,  in  trust,  for  the  state,  for  educational  purposes,  any  lands,  tenements,  heredita- 
ments, goods  and  chattels,  of  any  nature,  which  may  be  necessary  and  required  to  accom- 
plish the  purposes  and  objects  of  the  board,  and  may  sell  or  dispose  of  any  personal 
property  when  in  its  judgment  it  shall  be  for  the  interests  of  the  state.     [1911  c.  616] 

Purposes  and  objects  of  institute.  Section  553p — 12.  The  purposes  and  objects  of 
the  institute  shall  be  to  instruct  young  persons  in  industrial  arts  and  occupations  and  the- 
theory  and  art  of  teaching  such,  and  to  give  such  instruction  as  will  lead  to  a  fair  knowl- 
edge of  the  liberal  arts,  a  just  and  seemly  appreciation  of  the  nobility  and  dignity  of 
labor,  and  in  general  to  promote  diligence,  economy,  efficiency,  honor  and  good  citizen- 
ship.    [1911  e.  616] 

Powers  of  trustees  to  control  and  regulate  institute.  Section  553p — 13.  The  said 
board  shall  have  power : 

(1)   To  make  rules,  regulations  and  by-laws  for  the  government  and  management  of 
the  institute  and  the  students  therein,  including  the  power  to  suspend  or  expel  students'- 
for  misconduct  or  other  cause. 

336 


Chap.  27  s.  553p — 15]  [The  Common  Schools. 

(2)  To  appoint  a  president  of  the  institute  and  other  officers,  teachers  and  assistants, 
and  to  employ  such  other  persons  as  may  be  required;  toffix  the  salary  of  each  person  so 
appointed  or  employed  and  to  prescribe  their  several  duties;  to  remove  at  pleasure  any 
president,  other  officer,  teacher,  assistant  or  person  from  any  office  or  employment  in 
connection  with  the  institute. 

(3)  To  purchase  such  supplies  as  may  be  necessary  in  the  conduct  of  the  institute  and 
its  various  departments. 

(4)  To  prescribe  rules,  regulations  and  terms  for  the  admission  and  control  of  the 
students,  to  prescribe  courses  of  study  and  methods  and  means  of  instruction,  and  to 
issue  certificates  or  diplomas. 

(5)  To  co-operate  with  other  educational  institutions  and  agencies  in  instruction  and 
training,  leading  to  efficiency  in  industrial  arts  and  occupations.      [1911  c.  616] 

Section  553p— 14.     [Repealed  by  1913  c.  677  s.  2] 

Provisions  of  sections  926 — 22  to  926 — 30  preserved.  Section  553p — 15.  All  acts 
and  parts  of  acts  conflicting  with  any  provisions  of  this  act  are  repealed  ^in  so  far  as  they 
are  inconsistent  therewith.  Provided,  however,  nothing  in  this  act  shall  be  construed  to 
interfere  in  any  manner  with  trade  schools  established  under  sections  926 — 22  to  926 — 30, 
inclusive,  and  amendments  thereof,  unless  the  school  board  of  any  such  city  or  school 
district  shall  by  a  majority  vote  adopt  the  provisions  of  sections  553p — 1  to  553^ — 15, 
inclusive,  and  shall  proceed  in  the  manner  provided  for,  for  every  town,  village  or  city  of 
over  five  thousand  inhabitants,  as  provided  in  said  sections.  [1911  c.  616;  1911  c.  664 
s.  146] 

COUNTY  AGRICULTURAL  REPRESENTATIVES. 

County  agricultural  representatives.  Section  553q — 1.  For  the  purpose  of  aiding 
in  the  agricultural  development  of  the  several  counties  in  the  state,  any  county,  excepting 
those  in  which  county  schools  of  agriculture  are  maintained,  is  hereby  authorized,  through 
its  county  board,  to  establish  and  maintain  an  agricultural  representative  in  accordance 
with  the  provisions  of  this  act.     [1913  c.  611] 

Duties.  Section  553g — 2.  It  shall  be  the  duty  of  such  agricultural  representative 
to  advise  and  consult  with  individuals  in  reference  to  farming  methods;  to  aid  in  the  de- 
velopment and  improvement  of  agriculture  and  country  life  conditions;  to  offer  courses  of 
instruction  to  young  people  and  adults;  to  aid  in  the  formation  of  co-operative  enterprises; 
to  promote  better  business  methods  among  farmers;  to  give  such  assistance  as  possible  in 
the  development  of  agricultural  teaching  in  the  schools  of  the  county,  and  any  other  work 
designed  to  promote  the  agriculture  or  rural  development  of  the  county.  It  shall  be  his 
duty  to  keep  in  touch  with  all  agencies  in  the  state  and  elsewhere  that  will  enable  him  to 
utilize  the  most  improved  knowledge  in  the  furtherance  of  his  work.     [1913  c.  611] 

County  levy  and  appropriation.  Section  553g — 3.  For  the  partial  maintenance  of 
agricultural  development  of  such  county  under  the  supervision  of  such  agricultural  repre- 
sentative, authority  is  hereby  given  the  county  board  to  raise,  by  tax  levy  or  otherwise, 
for  periods  of  not  less  than  two  years  each,  such  moneys  as  may  be  deemed  sufficient  to 
cover  the  share  of  the  county  in  such  work;  provided,  however,  that  in  no  case  shall  the 
amount  appropriated  by  the  county  for  this  work  be  less  than  one  thousand  dollars  annu- 
ally; and  provided  further;  that  such  moneys  shall  be  disbursed  by  the  county  treasurer 
only  upon  orders  of  the  county  clerk  which  shall  have  been  approved  by  the  'county  agri- 
cultural representative.     [1913  c.  611] 

State  aid.  Section  553<j — 4.  To  supplement  the  funds  provided  by  the  county  for 
the  agricultural  development,  state  aid,  in  the  sum  of  one  thousand  dollars  annually,  shall 
be  given  to  each  county  in  which  the  county  board  has  made  the  required  appropriation, 
and  in  which  a  county  agricultural  representative  has  been  established.  Such  state  aid 
shall  be  expended  under  the  direction  of  the  board  of  regents  of  the  Universitj7  of  Wisconsin. 
[1913  c.  611] 

Application  of  statute.  Section  553^ — 5.  For  the  calendar  year  1914,  this  work 
shall  be  organized  in  not  to  exceed  ten  counties  of  the  state  and  for  the  calendar  year  1915 
in  not  to  exceed  sixteen  counties  of  the  state.      [1913  c.  611] 

Mode  of  establishment.  Section  553g — 6.  Immediately  after  the  county  board  has 
voted  to  establish  the  rosition  of  countv  agricultural  representative  and  has  provided  {he 
necessary  money  for  the  share  of  the  county  therefor,  the  county  clerk  shall  send  the  ap- 
plication of  such  county  to  the  dean  of  the  college  of  agriculture  for  the  appointment  and 
establishment  of  such  county  agricultural  representative.  All  applications  from  the  sev- 
eral counties  shall  be  so  made  prior  to  December  tenth  of  each  year,  or  as  soon  thereafter  as 
possible.  In  case  the  applications  do  not  ex-ceed  the  maximum  limit  of  counties  that  can 
be  provided  for  in  this  act,  the  board  of  regents  shall  select  as  soon  as  possible  a  properly 
22  337 


Chap.  27  s.  553g — 7]  [The  Common  Schools. 

qualified  person  to  serve  in  each  county  in  the  capacity  of  county  agricultural  representa- 
tive. If,  however,  more  applications  are  received  than  can  be  acted  on  in  accordance  with 
the  provisions  of  this  act,  the  dean  of  the  college  of  agriculture  shall  recommend  to  the 
board  of  regents  a  list  of  counties  not  in  excess  of  the  maximum  number  authorized  by 
this  act,  taking  into  consideration  in  making  such  selection  the  best  interests  of  the  agri- 
cultural welfare  of  the  state.     [1913  c.  611] 

Co-operation  with  university  and  county  training  school.  Section  553q — 7.  Au- 
thority is  hereby  given  the  county  training  school  board  of  any  county  in  which  an  agri- 
cultural representative  is  established  to  enter  into  co-operation  with  the  regents  of  the  uni- 
versity with  reference  to  the  use  of  the  county  agricultural  representative  in  connection 
with  the  agricultural  instruction  given  in  said  county  training  school,  subject  to  such  rules 
and  conditions  as  may  be  mutually  agreed  upon  between  said  county  training  school  board 
and  the  regents  of  the  university.     [1913  c.  611] 

County  superintendent  to  co-operate.  Section  553g— -8.  In  counties  where  the 
work  of  the  county  agricultural  representative  is  not  connected  with  the  county  training 
school,  the  county  superintendent  of  schools  in  such  county  shall  co-operate  with  the 
county  agricultural  representative  in  such  way  as  best  designed  to  further  the  interests  of 
this  work  in  that  county.     [1913  c.  611] 


CHAPTER  28. 

THE  DISTRIBUTION  OF  THE  SCHOOL  FUND  INCOME. 

Apportionment  of  income.  Section  554.  The  school  fund  income  shall  be  appor- 
tioned by  the  state  superintendent  between  the  tenth  and  fifteenth  days  of  December  in 
each  year.  The  amount  to  be  so  apportioned  shall  include  all  moneys  belonging  to  said 
fund  received  prior  to  the  first  day  of  December  in  the  same  year,  together  with  the 
amount  thereafter  to  accrue  to  such  income  from  the  state  tax  levy  made  in  the  same  year, 
and  the  two  hundred  thousand  dollars  to  be  appropriated  from  license  fees  and  taxes  paid 
by  corporations  in  February  following,  under  the  provisions  of  section  1072a,  and  after 
December,  1903,  shall  include  also  the  interest  receipts  thereafter  to  accrue  to  said  fund 
from  the  state  tax  levy  of  the  same  year  or  to  be  collected  therewith  as  special  charges. 
Such  apportionment  shall  be  made  among  the  several  counties,  towns,  villages  and  cities 
according  to  the  number  of  children  in  each  over  the  age  of  four  and  under  the  age  of 
twenty  years,  as  shown  by  the  reports  made  to  the  state  superintendent  for  the  year  pre- 
ceding, ending  June  thirtieth.  [R.  S.  1849  c.  20  s.  1,  5;  1852  c.  62  s.  1;  R.  S.  1858  c.  10 
s.  68;  R.  S.  1858  c.  24  s.  1,  5;  1860  c.  99  s.  1;  1866  c.  75;  1870  c.  128  s.  3;  1872  c.  164; 
R.  S.  1878  s.  554;  1885  c.  124  s.  3;  1887  c.  277;  Ann.  Stats.  1889  s.  554;  1897  c.  354;  Stats. 
1898  s.  554;  1899  c.  115  s.  1;  1903  c.  313  s.  3;  Supl.  1906  s.  554;  1907  c.  US] 

Loss  of  right  to  apportionment.  Section  554a.  Whenever  any  town,  village  or  city 
shall  fail  in  any  year  to  raise  by  tax,  for  the  support  of  common  schools  therein,  a  sum 
equal  to  the  amount  of  its  share  of  such  school  fund  and  other  income  as  determined  bv 
the  county  board,  in  pursuance  of  section  1074,  the  amount  of  the  apportionment  to  such 
town,  village  or  city  for  that  year  shall  be  withheld  from  the  next  succeeding  apportion- 
ment, unless  the  town  or  village  board  or  common  council  shall  have  transferred,  as  they 
are  hereby  authorized  to  do,  from  the  general  fund  to  the  school  fund  of  the  town  or 
village,  or  to  the  board  of  education  of  the  city  for  such  purpose,  the  amount  of  deficit  in 
such  school  tax,  and  the  town,  village  or  city  clerk  shall  have  filed  with  the  state  superin- 
tendent his  certificate  showing  such  transfer,  and  in  the  case  of  the  town  clerk,  his  appor- 
tionment thereof  to  the  proper  school  districts,  before  the  tenth  day  of  December.  No 
apportionment  shall  be  made  to  any  city,  village  or  town  for  any  school  district  therein 
for  any  year  during  which  such  district  shall  not  have  maintained  a  common  school,  taught 
by  a  qualified  teacher,  for  seven  months  unless,  the  state  superintendent  shall  be  satisfied 
that  such  school  was  so  taught  for  three  months,  and  the  failure  to  maintain  it  for  the 
full  seven  months  was  occasioned  by  some  extraordinary  cause  and  not  arising  from 
neglect  or  intent,  nor  to  any  town,  village  or  city,  nor  for  any  school  district,  reports  of 
such,  as  required  by  law,  shall  not  have  been  made  and  transmitted  during  the  preceding 
year  to  the  state  superintendent;  nor  to  any  city  for  any  year  the  report  for  which  shall 
not  show  that  the  number  of  children  between  the  ages  aforesaid,  residing  therein,  has 
been  ascertained  by  an  actual  census  taken  under  the  direction  of  the  board  of  education 
or  other  body  having  the  government  of  common  schools  therein,  by  their  clerks  or  per- 
sons of  their  appointment  for  that  purpose;  provided  that  provision  by  a  school  district 

338 


•Chap.  28  s.  555]    *  [Distribution  of  School  Funds. 

for  the  instruction  and  transportation  of  its  pupils,  in  accordance  with  subdivision  15,  of 
section  430.  shall  entitle  the  district  to  share  in  the  apportionment  as  though  such  district 
•had  maintained  a  school.  [B.  S.  1849  c.  20  s.  1,  5;  1852  c.  62  s.  1;  B.  S.  1858  c.  10  s.  68; 
B.  S.  1858  c.  21  s.  1,  5;  I860  c.  99  s.  1;  1866  c.  75;  1870  c.  128  s.  3;  1872  c.  164;  B.  S. 
1878  s.  554;  1885  c.  124  s.  3;  1837  c.  277;  Ann.  Stats.  1889  s.  554;  1897  c.  354;  Stats. 
1898  s.  554;  1899  c.  115  s.  1;  1903  c.  313  s.  4;  Supl.  1906  s.  554a;  1907  c.  118} 

Certificate  and  notice.  Section  555.  The  state  superintendent  shall  certify  the  ap- 
portionment made  as  aforesaid  to  the  secretary  of  state,  and  shall  immediately  give  notice 
thereof  to  each  county  clerk  and  county  treasurer,  stating  the  amount  apportioned  to  his 
•county  and  to  each  town,  village  and  city  therein.  Upon  receiving  such  apportionment 
Hie  secretary  of  state  shall,  draw  his  warrant  upon  the  state  treasurer,  payable  to  the 
proper  county  treasurer,  for  the  total  amount  apportioned  each  county,  and  the  amount 
of  such  warrant  shall  be  paid  to  the  county  treasurer  entitled  to  receive  the  same  at  the 
time  when  he  shall  pay  over  to  the  state  treasurer  the  amount  due  the  state  on  account  of 
state  taxes  as  required  bv  law.  [B.  S.  1858  c.  10  s.  69;  1366  c.  4;  B.  S.  1873  s.  555; 
Ann.  Stats.  18S9  s.  555;  1897  c.  354;  Stats.  1898  s.  555] 

Correction  of  apportionment.  Section  556.  Whenever  any  officer  shall  omit  to 
.make  within  the  time  fixed  any  statement  or  report  required  to  be  made  to  the  state  super- 
intendent he  shall  notify  such  officer  by  mail  or  otherwise  of  such  omission,  but  the  failure 
of  the  state  superintendent  so  to  do  shall  in  no  manner  affect  the  consequences  of  such 
-omission.  If  at  any  time  within  two  years  after  an  apportionment  in  which  any  town, 
village,  city  or  school  district  was  excluded  upon  any  ground  mentioned  in  section  554 
-satisfactory  evidence  shall  be  filed  with  the  state  superintendent  that  such  exclusion  was 
due  to  some  mistake  or  omission  of  some  officer,  and  that  such  town,  village,  city  or  school 
district  was  legally  entitled  to  have  shared  in  such  apportionment,  the  state  superintend- 
ent shall  certify  such  facts  and  the  amount  justly  apportionable  thereto  to  the  secretary  of 
state  and  notify  the  county  clerk  and  treasurer  of  the  proper  county  thereof.  The  secre- 
tary of  state  shall  draw  his  warrant  therefor,  and  the  money  shall  be  paid  from  the  school 
fund  income  for  the  use  of  such  town,  village,  city  or  school  district  as  if  originally  ap- 
portioned. [1873  c.  300  s.  1;  B.  S.  1878  s.  556;  Ann.  Stats.  1889  s.  556;  1397  c.  354; 
.Stats.  1898  s.  556] 

County  treasurer's  duty.  Section  557.  Each  county  treasurer  shall  apply  for  and 
receive  the  school  money  due  to  his  county  as  soon  as  apportioned  and  payable,  and  shall 
immediately  give  notice  in  writing  of  the  amount  apportioned  to  each  town,  village  and 

•  city  in  his  county  to  the  treasurer  and  clerk  thereof  respectively,  and  shall  pay  the  same 
to  each  such  treasurer  on  demand,  who  shall  pay  the  same  to  the  proper  school  treasurer 
as  provided  by  law.  If  any  such  town,  village  or  city  treasurer  shall  not  demand  such 
money  before  the  next  receipt  of  school  money  apportioned  to  such  county,  the  county 
treasurer  shall  add  such  sum  remaining  in  his  hands  to  the  money  so  next  received  and 
distribute  the  same  therewith  and  in  the  same  proportion  among  the  several  towns,  vil- 
lages and  cities  entitled  thereto  in  such  county.     [B.  S.  1849  c.  20  s.  2-5;  B.  S.  1858 

c.  24  s.  2-4;  B.  S.  1878  s.  557;  Ann.  Stats.  1889  s.  557;  1897  c.  354;  Stats.  1398  s.  557} 

School  fund  apportionment;  conditioned  on  eight  months'  session.  Section  558. 
The  town  clerk  shall  apportion  all  school  money  received  from  the  state  and  also  aii 
•raised  by  the  town,  among  the  several  districts  and  parts  of  districts  within  the  town,  in 
proportion  to  the  number  of  persons  between  the  ages  of  four  and  twenty  years  residing 
in  each,  taking  such  number  from  the  last  annual  report  of  their  respective  district  clerks. 
No  money  shall  be  apportioned  to  any  district  or  part  of  a  district,  except  as  herein  pro- 
vided, and  as  provided  in  section  554  of  this  chapter,  by  the  discretion  of  the  state  super- 
intendent, unless  the  last  annual  report  of  such  district,  verified  by  the  affidavit  of  the 
district  clerk,  shall  show  that  all  school  money  received  from  the  state  by  such  district 
has  been  used  in  paying  a  legally  qualified  teacher,  at  a  salary  of  not  less  than  forty  dollars 
per  month,  and  that  a  common  school  has  been  taught  in  such  district  by  such  teacher  for 
at  least  eight  months  during  the  year  ending  with  the  date  of  such  report.  Provided  that 
any  time  which  such  report  shall  show  was  spent  by  the  teacher  or  teachers  of  said  district 
in  attendance  upon  an  institute  in  the  county,  and  was  allowed  by  the  district  board  with- 

•  out  deduction  from  such  teacher's  wages  therefor,  shall  be  included  as  a  part  of  such  eight 
months.  \1854  c.  80  s.  43,  45,  52;  B.  S.  1858  c.  23  s.  45,  47,  54;  1863  c.  62  s.  6;  1863  c.  155 
s.  58-60;  1S67  c.  Ill;  B.  S.  1878  s.  558;  1887  c.  275;  Ann.  Stats.  1889  s.  558;  1897  c.  354; 

.Stats.  1893  s.  558;  1901  c.  450  s.  1;  Supl.  1906  s.  553;  1907  c.  108,  118;  1913  c.  434] 

Moneys  not  paid.     Section  559.     All  money  apportioned  by  the  town  clerk  to  any 

district  or  part  of  a  district  which  shall  have  remained  in  the  hands  of  the  town  treasurer 

for  one  year  after  such  apportionment,  by  reason  of  such  district  or  part  of  district 

.neglecting  or  refusing  to  receive  the  same,  shall  be  added  to  the  money  next  thereafter  to 

339 


Chap.  2S  s.  560J  [Distribution  of  School  Funds. 

be  apportioned  by  sucb  town  clerk  to  the  several  districts  and  parts  of  districts  in  such 
town  and  apportioned  therewith.  [1854  c.  80  s.  53;  R.  S.  l8o8  c.  23  s.  55;  1863  c.  155 
s.  61;  R.  S.  1878  s.  559;  Ann.  Stats.  1889  s.  559;  1897  c.  354;  Stats.  1898  s.  559] 

Month.  Section  560.  In  reckoning  school  months  twenty  days,  as  specified  in  sec- 
tion 459.  shall  constitute  a  month,  and  one  hundred  and  twenty  days  six  months.  [1871 
c.  168  s.  2;  1872  c.  11;  1875  c.  39;  R.  S.  1878  s.  560;  Ann.  Stats.  1889  s.  560;  1897  e.  354; 
Stats.  1898  s.  560] 

SPECIAL   APPORTIONMENT    TO   RURAL    SCHOOLS. 

Rural  schools;  standard;  second  class.  Section  560/.  Every  school  district  which 
shall  have  maintained  a  school  or  schools  for  eight  months  the  previous  year,  supplied 
needful  apparatus  and  textbooks,  and  kept  the  schoolhouse  and  outbuildings  in  proper 
condition  and  repair,  shall,  for  the  purposes  of  sections  560/  to  560m,  inclusive,  be 
deemed  to  have  maintained  a  rural  school  or  schools  of  the  second  class.  [1907  c.  600; 
1909  c.  154;  1911  c.  663  s.  40] 

Standard;  first  class.  Section  560g.  Every  school  district  not  composed  wholly  or 
in  part  of  an  incorporated  village  or  city,  nor  containing  a  state  graded  school,  which 
shall  have  maintained  a  school  or  schools  for  eight  months  the  previous  year,  provided  a 
suitable  school  building  and  outbuildings,  needful  apparatus,  supplementary  readers,  and 
installed  an  adequate  system  of  ventilation,  and  done  efficient  work,  shall,  for  the  pur- 
poses of  this  act,  be  deemed  to  have  maintained  a  rural  school  or  schools  of  the  first  class. 
[1907  c.  600;  1909  c.  154] 

Special  state  aid  to  rural  schools.  Section  560# — 1.  1.  If  any  school  district  not 
composed  wholly  or  in  part  of  an  incorporated  village  or  city  shall  have  retained  or  shall 
hereafter  retain  any  teacher  after  the  first  year,  such  teacher  shall  be  entitled  to  receive 
state  aid  as  follows :  If  such  teacher  shall  be  retained  for  and  shall  have  successfully 
taught  such  school  during  a  second  year,  two  dollars  per  month  for  each  month  of  such 
year  during  which  the  school  maintained  in  such  district  is  taught  by  such  teacher ;  if  for 
a  third  year,  f our  dollars  for  each  such  month ;  and  if  for  a  fourth  or  any  succeeding  year, 
eight  dollars  for  each  such  month. 

2.  If  any  school  district  not  composed  wholly  or  in  part  of  an  incorporated  village  or 
city  in  which  the  school  shall  have  been  successfully  taught  for  the  whole  or  a  part  of  any 
year  by  a  teacher  who  is  a  graduate  from  a  rural  school  course  of  two  years  beyond  high 
school  graduation  in  any  normal  school  or  county  training  school  of  this  state  or  the 
equivalent  thereof,  such  teacher  shall  be  entitled  to  special  state  aid  of  ten  dollars  for  each 
month  during  which  such  school  is  taught  by  such  teacher.  For  each  succeeding  year  that 
such  teacher  shall  be  retained  and  shall  continue  to  teach  such  school  successfully,  he  or 
she  shall  be  entitled  to  special  state  aid  in  the  sum  of  fifteen  dollars  for  each  such  month. 
Any  person  receiving  state  aid  under  the  provisions  of  this  subsection  shall  not  be  entitled 
to  state  aid  under  the  provisions  of  subsection  1  of  this  section. 

3.  In  case  of  the  resignation  or  death  of  any  teacher  entitled  to  state  aid  under  the  pro- 
visions of  subsections  1  or  2  of  this  section,  during  any  school  year,  his  or  her  estate  shall 
receive  a  percentage  of  such  special  state  aid  equal  to  the  percentage  which  the  time  taught 
bears  to  the  whole  school  year. 

4.  Every  school  teacher  who  desires  to  claim  the  special  state  aid  provided  for  in  either 
subsection  1  or  subsection  2  of  this  section  shall,  before  the  first  day  of  November  of  the 
school  year  for  which  state  aid  is  claimed,  make  application  therefor  to  the  county  or  dis- 
trict superintendent  on  a  blank  furnished  by  him.  Such  application  shall  state  the  name 
of  the  teacher  and  the  period  during  which  such  teacher  has  been  employed  in  such  school 
district  and,  if  state  aid  is  claimed  under  subsection  2  of  this  section,  the  qualifications  of 

-the  teacher.  The  county  or  district  superintendent  upon  receipt  of  such  application  shall 
satisfy  himself  as  to  the  facts  therein  stated  and  generally  as  to  whether  or  not  such 
teacher  is  entitled  to  state  aid  as  herein  provided,  and  shall  indorse  his  approval  or  dis- 
approval upon  the  said  application  and  transmit  it  to  the  state  superintendent  of  public 
instruction  before  the  first  day  of  March  of  such  school  year. 

5.  Before  the  first  day  of  April  in  such  school  year,  an  application  may  be  made  to 
the  state  superintendent  of  public  instruction  to  set  aside  any  determination  of  the  county 
or  district  superintendent  approving  or  disapproving  any  claim  for  state  aid.  Such  ap- 
plication to  the  state  superintendent  shall  be  in  writing  and  shall  be  signed  by  at  least 
one-third  of  the  parents  of  children  attending  the  school  taught  by  the  teacher  making  the 

340 


Chap.  28  s.  560ft]  [Distribution  of  School  Funds. 

claim  for  state  aid.     Upon  such  appeal,  the  state  superintendent  shall  make  such  investi- 
gation as  he  may  deem  necessary  and  his  decision  thereon  shall  be  final. 

6.  If  upon  the  indorsement  of  the  county  or  district  superintendent  upon  an  applica- 
tion for  state  aid  or  upon  an  appeal  therefrom  the  state  superintendent  shall  be  satisfied 
that  such  teacher  is  entitled  to  state  aid,  he  shall  approve  said  application  and  certify  to 
the  secretary  of  state  the  name  and  post-office  address  of  the  teacher,  the  name,  number 
and  location  of  the  district  in  which  such  teacher  has  taught,  together  with  the  amount  due 
such  teacher  under  the  provisions  of  this  section  stating  whether  the  claim  is  allowed  under 
subsection  1  or  subsection  2  of  this  section.  The  secretary  of  state  shall  thereupon  draw 
his  warrant  upon  the  state  treasurer  for  the  amount  of  such  claim  in  favor  of  the  said 
teacher  and  mail  the  same  to  the  county  or  district  superintendent  in  whose  district  the 
said  school  is  located.  Such  county  or  district  superintendent  shall  at  the  end  of  the 
school  year  forthwith  transmit  such  warrant  to  the  teacher  entitled  thereto. 

7.  It  shall  be  the  duty  of  each  county  or  district  superintendent  to  keep  a  complete 
record  of  all  applications  approved  by  him  showing  separately  the  claims  allowed  under 
subsection  1  and  under  subsection  2  of  this  section  and  of  all  payments  made  under  the 
provisions  of  this  section  showing  the  name  of  the  teacher,  the  length  of  time  such  teacher 
has  taught,  the  district  in  which  he  or  she  has  taught  and  the  school  or  schools  where  such 
teacher  received  his  training.  Each  county, or  district  superintendent  shall  on  or  before 
the  first  day  of  August  in  each  year  transmit  to  the  state  superintendent  of  public  instruc- 
tion on  blanks  furnished  by  such  state  superintendent  a  statement  of  the  number  of  teach- 
ers receiving  aid  under  subsection  1  and  under  subsection  2  of  this  section  and  the  amount 
of  state  aid  paid  to  such  teachers.  The  state  superintendent  of  public  instruction  shall  in- 
clude in  his  reports  a  statement  of  the  moneys  disbursed  under  the  provisions  of  this  sec- 
tion. 

8.  All  moneys  paid  out  of  the  state  treasury  under  the  provisions  of  this  section  shall 
be  paid  out  of  the  seven-tenths  mill  tax  provided  for  in  section  1072a  of  the  statutes. 
There  is  hereby  appropriated  out  of  the  fund  provided  for  under  said  section  1072a  a  sum 
sufficient  to  make  the  payments  provided  for  in  this  section.  [1913  c.  636;  1915  c.  609 
s.  34;  1915  c.  610  s.  1,  2] 

State  and  county  aid.  Section  560/t.  Any  district  maintaining  a  rural  school  or 
schools  of  the  second  class  shall  be  entitled  to  a  share  in  all  state  and  county  school 
moneys.  Any  district  maintaining  a  rural  school  or  schools  of  the  first  class  shall  be  en- 
titled, in  addition  to  the  moneys  specified  for  rural  schools  of  the  second  class,  to  special 
state  aid  to  the  amount  of  fifty  dollars  per  year  for  each  school  so  maintained  for  three 
years  to  be  paid  from  the  state  treasury.     [1907  c.  600 ;  1909  c.  154] 

State  superintendent  to  fix  standards.  Section  560*.  The  state  superintendent  shall 
inform  the  county  and  district  superintendents  as  to  what  shall  be  considered  needful  ap- 
paratus and  proper  equipment  and  an  improved  system  of  ventilation  for  rural  schools; 
and  in  case  of  disagreement  between  the  school  district  and  the  county  or  district  super- 
intendents as  to  whether  a  school  has  the  proper  equipment,  his  judgment  shall  be  final. 
[1907  c.  600] 

Application  for  aid;  if  repairs  in  process.  Section  560 j.  Any  school  district  which 
desires  special  state  aid  provided  in  section  560ft,  shall  make  out  an  application  in  writ- 
ing to  the  county  or  district  superintendent  on  a  blank  furnished  by  him,  setting  forth 
the  condition  of  the  buildings,  the  amount  and  nature  of  the  apparatus  in  the  school,  and 
a  description  of  the  system  of  ventilation  used  or  in  use.  If  a  defect  in  the  building  or 
ventilating  system  or  a  deficiency  in  apparatus  is  in  process  of  repair,  the  county  superin- 
tendent may  consider  it,  for  the  purposes  of  this  application,  as  having  been  completed; 
subsequent  neglect,  however,  to  complete  such  repairs  or  to  make  such  purchases  as  the 
board  have  previously  certified  to  be  in  process  of  making,  shall  be  ground  on  which  the 
county  or  state  superintendent  maj'  revoke  the  approval  of  the  application.  [1907  c.  600; 
1911  c.  663  s.  39] 

Superintendents'  duties.  Section  560k.  If  the  county  superintendent  shall  ap- 
prove of  the  application,  he  shall  indorse  the  same  and  remit  it  to  the  state  superintendent 
of  public  instruction  who  shall  act  upon  the  applications  in  the  order  of  their  reception. 
[1907  c.  600] 

First  class;  special  aid.  Section  5601.  To  each  district  which  shall  comply  with  all 
the  provisions  of  sections  560/  to  560m,  inclusive,  and  whose  application  for  aid  shall 
have  been  approved  by  him,  the  state  superintendent  shall  apportion  the  sum  of  fifty 
dollars  for  each  rural  school  of  the  first  class  maintained  by  said  district  which  shall  be 
paid  in  the  same  manner  as  other  forms  of  special  state  aid  are  now  paid.  [1907  c.  600; 
X909  c.  154;  1911  c.  663  s.  40] 

Section  560m.     [Renumbered  section  172 — 55  by  1915  c.  609  s.  35] 

341 


Chap.  31  s.  578]  [Education  of  the  Deaf  and  Dumb. 

Township  system;  definition.  Section  560rc.  1.  As  us,ed  in  sections  560/",  5G0g, 
560ft,  560/,  560j,  560A;,  560/,  560m  and  560n  the  words  "school  district"  shall  include  sub- 
districts  in  towns  which  have  adopted  the  township  system  of  school  government. 

Scope  of  act.  2.  Nothing  contained  in  sections  560/'  to'  560m,  inclusive,  shall  be 
construed  so  as  to  increase  the  number  of  payments  which  may  be  received  by  any  dis- 
trict for  any  school  qualified  as  required  by  sections  560/1,  560#,  560/t,  560*',  560j,  560k, 
560/  and  560m  to  more  than  three  on  account  of  anv  one  school.  [1909  c.  151;  1911 
c.  663  s.  42] 

Schoolhouses,  lockups  prohibited  near.  Section  566m.  Hereafter  no  lockup  or  tem- 
porary place  of  confinement  for  insane  persons  or  persons  arrested  for  breach  of  ordi- 
nance or  statute  shall  be  erected  in  any  village,  or  city  of  the  third  or  fourth  class  within 
three  hundred  feet  of  any  public,  private  or  parochial  school  building,  or  building  used 
regularly  or  principally  for  school  purposes.     [1907  c.  339] 

instruction  of  deaf  mutes  in  villages  and  cities. 

Schools  for  the  deaf;  state  aid.  Section  578.  1.  Upon  application  by  the  board  of 
education  of  any  village  or  city,  made  to  the  state  superintendent,  he  may  grant  permis- 
sion to  such  city  or  village  to  establish  and  maintain  within  its  corporate  limits  one  or  more 
schools  for  the  instruction  of  deaf  persons  or  persons  with  defective  speech  or  unable  to 
talk,  who  are  residents  of  the  state. 

Annual  report.  2.  (1)  The  board  of  education  of  any  village  or  city  which  shall 
maintain  one  or  more  such  schools,  shall  through  its  clerk  or  secretary  report  to  the  state 
superintendent  annually,  and  oftener  if  he  so  directs,  such  facts  relative  to  such  school 
or  schools  as  he  may  require,  and  the  state  superintendent  shall  at  the  expense  of  his  ap- 
propriation, make  such  inspection  of  said  schools  as  in  his  judgment  shall  be  necessary. 
The  treasurer  of  the  school  district  board  or  of  the  board  of  education  receiving  the  aid 
provided  for  in  this  section,  shall  render  annually  to  the  state  superintendent  an  itemized 
statement  of  all  expenditures  of  said  school  or  schools.  Any  surplus  at  the  end  of  the 
year  shall  be  reserved  as  a  special  fund  for  the  deaf  school  and  can  be  used  for  no  other 
purpose. 

State  aid.  (2)  There  shall  be  paid  out  of  the  state  treasury,  within  the  amount  ap- 
propriated for  the  purposes  of  this  section,  annually  in  the  month  of  July,  to  the  treas- 
urer of  the  school  district  board  or  of  the  board  of  education  in  the  city  or  village  main- 
taining such  school  or  schools  under  the  charge  of  one  or  more  teachers,  whose  qualifica- 
tions shall  be  approved  by  the  state  superintendent,  the  sum  of  one  hundred  fifty  dollars 
for  each  deaf  or  defective  speech  pupil  instructed  in  such  school  or  schools  at  least  nine 
months  during  the  year  next  preceding  the  first  day  of  July,  and  a  share  of  such  sum  pro- 
portionate to  the  term  of  instruction  of  any  such  pupil  who  shall  be  so  instructed  less 
than  nine  months  during  such  year,  and  the  additional  sum  of  one  hundred  dollars  for 
each  deaf  or  defective  speech  pupil  not  l-esiding  in  the  school  district  where  the  school 
for  the  deaf  or  those  with  defective  speech  is  located,  but  residing  in  this  state,  who  has 
been  so  instructed,  and  who  finds  it  necessary  while  attending  the  school  for  the  deaf  or 
those  with  defective  speech  to  pay  for  board  in  the  district  maintaining  such  school  or 
schools  or  to  pay  for  transportation  to  and  from  such  school,  or  both,  when  the  parents 
of  such  deaf  or  defective  speech  child  are  unable  to  meet  this  expense,  and  a  share  of  such 
one  hundred  fifty  dollars  or  two  hundred  fifty  dollars  as  the  case  may  be  proportionate  to 
the  term  of  instruction  of  any  such  pupil  who  shall  be  so  instructed  less  than  nine  months 
during  such  year;  provided,  however,  that  no  deduction  shall  be  made  in  said  appropria- 
tion in  the  case  of  any  child  who  has  been  absent  because  of  illness  not  to  exceed  a  month 
for  any  one  period  of  illness.  Such  payments  shall  be  charged  to  the  appropriation  for 
the  day  schools  for  the  deaf. 

Nonresident  pupils.  (3)  The  school  board  of  district  maintaining  such  a  school  may 
use  such  part  of  the  state  aid  provided  for  in  this  act  in  the  payment  of  board  anil  trans- 
portation of,  said  nonresident  pupils,  as  it  shall  find  necessary.  [1913  c.  350 ;  1913  c  77° 
s.  38] 

Accounts,  how  made.  Section  570.  The  sums  to  be  paid  as  required  by  the  next 
precedins'  section  shall  be  audited  by  the  secretary  of  state  upon  the  certificate  of  the  pres- 
ident and  secretary  of  the  school  board  and  the  superintendent  of  schools  of  such  city,  or 
the  officers  upon  whom  the  duty  of  governing  the  schools  thereof  is  devolved,  setting  forth 
the  number  of  pupils  instructed  in  such  school  or  schools,  and  the  period  of  time  each 
pupil  shall  have  been  instructed  therein  next  preceding  the  first  day  of  July;  and  in  the 
case  of  a  village,  upon  the  certificate  of  the  county  superintendent  of  schools  and  the  affi- 
davit of  the  teacher  of  the  school  for  deaf  mutes,  setting  forth  the  facts  last  aforesaid  ;  all 
of  which  certificates  and  affidavits  shall  first  be  approved  in  writing  bv  the  state  superin- 

342  . 


Chap.  31  s.  579 m]  [Education  op  the  Deaf  and  Dumb. 

tendent  and  the  president  of  the  state  board  of  control  and  be  filed  with  the  secretary  of 
state,  who  shall  thereupon  issue  his  warrant  in  favor  of  the  treasurer  of  such  city  or  vil- 
lage for  the  sum  due.  and  charge  such  amount  to  the  appropriation  for  the  day  schools  for 
the  deaf.     [1913  c.  772  s.  38] 

Compulsory  education  of  deaf.  Section  579m.  1.  Any  parent  or  guardian  having 
under  his  control  a  deaf  child  between  the  ages  of  six  and  sixteen  years  who  is  incapaci- 
tated for  attending  a  common  school,  shall  cause  such  child  to  attend  some  public,  pri- 
vate, parochial  or  state  school  established  for  the  instruction  and  education  of  the  deaf, 
for  a  period  of  at  least  eight  months  during  any  school  year. 

2.  Any  person  who  shall  neglect  or  refuse  to  obey  the  provisions  of  this  section  shall, 
upon  conviction,  be  punished  by  a  fine  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars,  or  by  imprisonment  in  the  county  jail,  not  exceeding  three  months  for  each 
offense. 

3.  This  section  shall  not  apply  to  any  child  nor  in  proper  physical  or  mental  condition 
to  attend  school  or  receive  instruction  win.  shall  be  able  to  show  a  certificate  to  that  effect, 
signed  by  a  reputable  physician  in  general  practice.     [1907  c.  128] 

District  attorney  to  prosecute.  Section  579;?.  It  shall  be  the  duty  of  the  district 
attorney  upon  proper  complaint,  made  by  a  city  superintendent  oik  a  county  superintend- 
ent of  schools  or  the  inspector  of  the  day  schools  for  the  deaf,  to  prosecute  any  parent  or 
guardian  failing  to  comply  with  this  act.  The  case  shall  be  tried  before  the  county  judge 
and  the  cost  of  prosecution  shall  be  added  to  the  fine.     [1907  c.  128] 

State  aid;  law  applicable;  inspection.  Section  579o.  Sections  578,  579a,  579m,  and 
•">7!'»  of  the  statutes,  and  all  acts  amendatory  thereof,  shall,  so  far  as  applicable,  provide 
for  and  apply  to  schools  for  the  blind,  except  that  there  shall  be  paid  out  of  the  state 
treasury,  within  the  amount  appropriated  for  the  purposes  of  this  section,  annually  in 
the  month  of  July  to  the  treasurer  of  the  school  district  board,  or  of  the  board  of  educa- 
tion in  any  city  or  village  maintaining  a  school  or  schools  for  the  blind  under  the  charge 
of  one  or  more  teachers,  whose  qualifications  shall  be  approved  by  the  state  superintend- 
ent, the  sum  of  two  hundred  dollars  for  each  blind  pupil  instructed  in  such  school  or 
schools  at  least  nine  months  during  the  year  next  preceding  the  first  day  of  July,  and  a 
share  of  such  sum  proportionate  to  the  term  of  instruction  of  any  such  pupil  who  shall  be 
so  instructed  less  than  nine  months  during  such  year;  the  said  sum  of  two  hundred  dollars 
to  include  instruction  in  music  and  manual  training,  and  to  cover  necessary  expenses  for 
material  and  printing  in  connection  with  the  work  of  any  such  school  or  schools;  and  the 
state  superintendent  of  public  instruction  shall  make  such  inspection  of  the  day  schools 
for  the  blind  as  he  shall  deem  necessary.  The  cost  of  such  inspection  shall  be  charged  to 
the  appropriation  for  the  state  superintendent  of  public  instruction.     [1913  c.  772  s.  20] 

NORMAL   SCHOOLS — DEPARTMENT   FOR   TEACHERS   OF   DEAF. 

Department  for  teachers  of  deaf.  Section  579/y.  1.  The  board  of  regents  of  normal 
schools  is  hereby  authorized  and  directed  to  establish  and  maintain  a  department  in 
one  of  the  normal  schools  of  the  state,  located  in  a  city  maintaining  a  graded  school  for 
the  deaf,  to  be  known  as  a  normal  training  department  for  -oral  teachers  of  the  deaf. 

2.  Candidates  for  admission  to  this  course  shall  have  completed  at  least  one  year  of  the 
advanced  course  in  a  state  normal  school  or  its  equivalent.  Graduates  from  said  course 
shall  be  granted  a  diploma  by  the  board  of  regents  that  will  serve  as  a  basis  for  an  unlim- 
ited state  certificate,  qualifying  the  holder  to  teach  in  any  day  school  for  the  deaf  in  this 
state,  or  in  public  hearing  school  of  the  state,  below  high  school  grade.  [1913  e.  48; 
1913  c.  773  s.  103] 


CHAPTER    37. 

COUNTY  OFFICERS. 

GENERAL  provisions. 

County  officers;  election  and  terms;  duties  and  powers  of  county  superintendent; 
supervising  teachers.  Section  698.  At  the  general  election  in  the  year  one  thousand 
nine  hundred  and  four,  and  biennially  thereafter,  there  shall  be  elected  in  each  county  for 
a  regular  term,  the  following  county  officers,  viz. :  A  county  clerk,  treasurer,  sheriff,  cor- 
oner, clerk  of  circuit  court,  district  attorney,  register  of  deeds  and  surveyor.     The  regular 

*343^ 


Chap.  37  s.  698 J  [County  Officers. 

term  of  office  of  all  such  officers  shall  commence  on  the  first  Monday  of  January  next  suc- 
ceeding their  election  and  continue  two  years ;  but  each  such  officer,  including  those  now  in 
office,  shall  hold  his  office  until  his  successor  is  qualified. 

2.  A  superintendent  of  schools  shall  be  chosen  by  the  qualified  electors  of  each  super- 
intendent district  in  the  state  of  Wisconsin,  at  the  election  to  be  held  on  the  first  Tuesday 
in  April  in  the  year  one  thousand  nine  hundred  and  five,  and  biennially  thereafter,  and 
said  officer  shall  hold  his  office  for  the  term  of  two  years  from  the  succeeding  first  Monday 
of  July.  The  superintendent  of  each  superintendent  district  shall  hold  his  office  until  his 
successor  shall  have  been  elected  or  appointed  and  shall  have  qualified. 

3.  The  county  board  of  supervisors  of  every  county  at  the  annual  meeting  next  preced- 
ing the  election  of  such  county  or  district  school  superintendent  shall  fix  the  amount  of  the 
annual  salary  which  shall  be  received  by  such  county  or  district  superintendent  of  schools. 
Provided,  that  if  the  supervisors  fail  or  neglect  to  vote  upon  and  fix  the  salary  of  the 
county  or  district  superintendent,  the  salary  last  legally  fixed  shall  continue  to  be  the 
salary  paid.  The  county  board  of  supervisors  are  empowered  and  directed  to  make  pro- 
vision for  the  payment  of  the  salary  of  the  county  or  district  superintendent  in  twelve 
equal  monthly  instalments. 

4.  No  county  or  district  superintendent  of  schools  except  in  counties  where  his  salary 
is  less  than  eight  hundred  dollars,  shall  engage  in  teaching  during  the  term  for  which  he 
was  elected,  or  engage  in  any  business,  profession,  occupation  or  pursuit  during  the  term 
for  which  he  was  elected,  which  will  in  anywise  interfere  with  the  proper  discharge  of  the 
duties  of  his  office.  He  shall  not  absent  himself  from  the  county  or  district  to  engage  in 
any  business,  occupation,  profession,  or  pursuit,  during  the  term  for  which  he  was  elected. 
A  violation  of  any  of  the  provisions  of  this  subsection  shall  subject  the  offender  to  removal 
from  office  and  to  a  loss  of  salary  during  the  entire  time  that  any  of  the  provisions  of  this 
subsection  have  been  violated.  It  shall  be  the  duty  of  the  district  attorney,  upon  com- 
plaint, to  commence  an  appropriate  action  for  the  recovery  of  any  sum  due  for  violation 
of  airy  of  the  provisions  of  this  subsection.  Any  sum  recoverable  under  the  provisions  of 
this  subsection  shall  be  placed  in  the  general  fund  of  the  county. 

5.  All  county  and  district  superintendents  shall  be  allowed  in  addition  to  their  salary 
such  actual  and  necessary  expenses  incurred  in  the  proper  discharge  of  their  duties  as  may 
be  reasonable  and  just,  and  shall  be  allowed  all  stationery,  postage,  and  printing  necessary 
for  the  proper  discharge  of  the  duties  of  their  office  as  may  be  reasonable  and  just.  The 
county  or  district  superintendent  shall  make  and  present  itemized  statements  of  his  ac- 
counts for  expenses,  printing,  stationery,  and  postage  to  the  county  clerk  prior  to  the 
November  meeting  of  the  county  board  of  supervisprs,  and  they  shall  be  audited  at  the 
annual  meeting  of  the  county  board  of  supervisors  and  paid  as  allowed.  The  county 
board  of  supervisors  are  authorized  to  make  provision  for  the  quarterly  payment  of  such 
expenses. 

6.  In  counties  having  more  than  sixty  schools  the  county  board  of  supervisors  at  the 
annual  meeting  in  November,  1915,  and  annually  thereafter,  may  authorize  the  county 
superintendent  to  employ  a  clerk,  and  shall  fix  the  salary  to  be  paid  to  such  clerk  for  the 
county  superintendent,  which  shall  be  paid  in  monthly  instalments  and  paid  as  other 
claims  against  the  county  are  now  audited,  allowed  and  paid.  The  county  board  of  super- 
visors are  authorized  to  appropriate  money  to  the  county  superintendent  to  enable  him  to 
employ  competent  persons  to  assist  in  conducting  and  marking  papers  in  examinations 
for  common  school  diplomas.  The  county  board  of  supervisors  may  limit  the  per  diem 
to  be  paid  to  such  common  school  diploma  examiners  and  the  number  of  days  that  each 
such  examiner  may  receive  pay. 

7.  In  all  cases  where  the  county  is  divided  into  two  superintendent  districts  only  those 
members  of  the  county  board  of  supervisors  residing  within  the  superintendent  district — 
supervisors  from  cities  under  city  superintendents  to  be  excluded — shall  have  and  exercise 
the  power  and  authority  granted  above  to  the  county  board  of  supervisors  in  cases  where 
the  superintendent  district  comprises  the  entire  county. 

8.  In  order  to  exercise  such  power  and  authority  the  supervisors  from  each  superin- 
tendent district  shall  meet  and  organize  after  the  manner  of  organization  provided  for 
county  boards  of  supervisors  so  far  as  necessary  in  order  to  transact  the  business  before 
them,  and  when  so  organized  the  supervisors  from  one  superintendent  district  shall  act 
independently  and  free  from  any  interference,  voice,  direction  or  control  from  the  super- 
visors of  the  other  district. 

9.  All  supervisors  representing  only  cities  or  wards  of  cities  or  districts  in  cities  having 
an  independent  system  of  schools  supeiwised  by  an  independent  city  superintendent  are 
excluded  from  any  participation  in  the  deliberations  of  the  supervisors  of  any  superin- 
tendent district  had  with  reference,  to  the  manner  of  directing  the  administration  of  its 
school  affairs,  nor  shall  any  tax  be  levied  in  any  such  city  to  pay  any  part  of  the  salary, 

344 


Chap.  37  s.  698]  [County  Officers. 

expenses,  p/inting  or  postage  of  such  county  or  district  superintendent,  or  the  salary  of 
the  clerk  for  such  superintendent,  or  the  per  diem  and  expenses  of  the  members  of  the 
board  of  examiners  for  common  school  diplomas. 

10.  The  committee  on  common  schools  provided  for  in  subsection  2  of  section  704,  on 
the  first  Tuesday  after  their  appointment  and  annually  thereafter  on  the  third  Tuesday  in 
July  shall  upon  the  nomination  of  the  county  superintendent  appoint  one  supervising 
teacher  with  the  qualifications  hereinafter  provided,  to  assist  the  county  superintendent  in 
supervising  schools.  In  counties  or  superintendent  districts  having  more  than  one  hundred 
twenty-five  schools  the  committee  on  common  schools  may  on  the  third  Tuesday  in  July, 
upon  the  nomination  of  the  county  superintendent,  appoint  two  supervising  teachers  with 
the  qualifications  hereinafter  provided,  to  assist  county  superintendents  in  supervising 
schools.  The  county  or  district  superintendent  shall,  immediately  upon  the  passage  of 
this  act,  and  annually  thereafter  on  or  before  the  third  Tuesday  in  July,  file  with  the 
chairman  of  the  committee  on  common  schools  the  names  of  persons  qualified  under  the 
provisions  of  subsection  12  to  hold  the  position  of  supervising  teacher.  The  number  of 
names  so  filed  shall  be  three  times  the  number  of  persons  to  be  appointed  in  any  county 
or  superintendent  district. 

11.  The  committee  on  common  schools  shall  make  the  appointment  or  appointments 
provided  for  in  subsection  10  of  this  section  from  the  eligible  list  so  filed  by  the  county 
superintendent  and  fix  the  monthly  salary  to  be  paid  such  supervising  teacher  or  teachers 
within  the  salary  limitations  fixed  in  this  section.  The  supervising  teacher  when  so  ap- 
pointed shall  be  employed  for  ten  calendar  months.  The  county  or  district  superintend- 
ent shall  determine  the  months  in  the  year  during  which  the  supervising  teacher  shall  be 
employed,  provided  that  no  supervising  teacher  shall  be  employed  and  paid  for  more  than 
ten  months  in  any  one  year.  The  salary  of  the  supervising  teacher  shall  not  be  less  than 
sixty  dollars  nor  more  than  eighty  dollars  per  calendar  month.  In  addition  to  this  salary 
the  supervising  teacher  'shall  be  reimbursed  for  all  actual  and  necessary  expenses  incurred 
in  the  performance  of  his  duties.  The  salary  of  the  supervising  teacher  shall  be  paid  in 
ten  equal  monthly  instalments.  The  county  board  of  supervisors  in  every  county  shall 
appropriate  money  to  pay  the  salary  and  exjoenses  of  the  supervising  teachers,  provided 
for  in  this  act,  until  such  times  as  the  county  or  superintendent  district  shall  be  reimbursed 
by  the  state  for  the  amount  paid  for  such  purposes.  The  county  board  of  supervisors  are 
authorized  to  make  provisions  for  the  monthly  payment  of  the  salary  and  expenses  of  each 
supervising  teacher. 

12.  No  person  shall  be  eligible  to  nomination  by  the  county  superintendent  or  appoint- 
ment by  the  committee  on  common  schools  as  supervising  teacher  in  any  county  or  super- 
intendent district  who  does  not  at  the  time  of  his  appointment  hold  a  state  certificate, 
either  a  first  grade  county  certificate,  or  a  second  grade  county  certificate,  or  a  certificate  of 
graduation  from  a  county  training  school  for  teachers,  or  from  the  training  department  of 
a  high  school  maintaining  a  teachers'  training  course  as  provided  in  section  496c  of  the 
statutes,  and  in  addition  to  such  educational  qualifications  shall  have  had  at  least  three 
years  of  successful  experience  in  teaching,  at  least  one  of  which  shall  have  been  in  rural 
schools. 

13.  It  shall  be  the  duty  of  the  supervising  teacher,  during  the  time  the  schools  are  in 
session,  to  supervise  and  assist,  under  the  direction  of  the  county  superintendent,  the 
teachers  employed  in  the  schools  of  the  county  or  superintendent  district,  devoting  special 
attention  to  the  less  experienced  teachers.  He  shall,  under  the  direction  of  the  county 
superintendent,  assist  in  organizing  and  administering  the  schools  in  the  county,  classify- 
ing them  according  to  the  character  of  the  work  done,  and  in  grading  pupils  toward  the 
development  of  their  individual  capabilities.  He  shall  endeavor  to  stimulate  an  interest 
among  the  pupils,  teachers  and  parents  in  agriculture  and  other  subjects  pertaining  to 
rural  conditions,  and  shall  consult  and  advise  with  school  boards.  It  shall  be  the  duty  of 
each  supervising  teacher  to  report  weekly  to  the  county  superintendent  the  number  and 
names  of  the  schools  visited,  the  time  spent  in  each  school,  the  number  and  names  of  school 
officers  met,  and  such  other  facts  and  information  as  may  be  required  by  the  county  su- 
perintendent. When  the  schools  are  not  in  session  the  supervising  teacher  shall  visit  the 
homes  within  his  supervisory  district  to  promote  general  educational  interest,  and  advance 
his  personal  knowledge  of  the  application  of  the  rural  school  to  its  needs  and  accomplish- 
ments, and  report  the  same  to  the  county  superintendent  and  shall  perform  such  other 
work  as  the  county  superintendent  may  direct.  Any  supervising  teacher  may  be  removed 
by  the  joint  action  of  the  county  superintendent  and  the  committee  on  common  schools, 
provided  he  fails  to  perform  diligently  and  efficiently  the  duties  imposed  upon  him  by  law 
or  for  any  conduct  unbecoming  a  teacher. 

14.  It  shall  be  the  duty  of  each  county  or  district  superintendent  in  the  state  to  send 
a  written  report  of  each  formal  personal  visit  to  any  school  in  the  territory  under  his 

345 


Chap.  37  s.  698]  [County  Officers,. 

jurisdiction  to  the  clerk  of  the  school  district.  The  report  shall  set  forth  the  date  of  his 
visit,  the  number  of  hours  he  was  at  the  school,  the  number  of  pupils  enrolled,  the  number 
of  pupils  present,  his  opinion  of  the  order,  discipline,  grading  and  spirit  of  the  school  and 
of  the  efficiency  of  the  teacher.  He  shall  also  in  this  report  call  the  attention  of  the  board 
to  any  needed  supplies  or  equipment,  or  needed  improvements  to  the  school  building,  out- 
buildings or  grounds.  A  copy  of  each  such  report  shall  be  filed  in  his  office,  where  it  shall 
remain  as  a  public  record.  Each  supervising  teacher  shall  make  a  similar  report  on  each 
visit  to  a  school  to  the  county  superintendent  and  shall  furnish  such  other  facts  or  in- 
formation as  may  be  called  for  by  the  county  superintendent.  On  receipt  of  such  report 
from  the  supervising  teacher  the  county  or  district  superintendent  shall  thereupon  send 
the  district  clerk  of  each  school  visited  by  the  supervising  teacher  such  a  written  report 
based  on  this  inspection  report  as  he  shall  deem  wise  and  necessary.  The  county  superin- 
tendent and  the  supervising  teachers  shall  make  reports  to  the  committee  on  common 
schools  on  such  subjects  as  the  board  may  deem  necessary. 

15.  The  county  or  district  superintendent  shall  between  the  first  and  tenth  days  of 
July  in  each  year  make  out,  under  oath,  a  report  in  writing  to  the  state  superintendent, 
setting  forth  the  name  and  qualifications  of  the  supervising  teacher,  or  teachers,  the  num- 
ber of  months  employed,  the  total  amount  of  his  monthly  salary  'and  of  his  actual  and 
necessary  expenses  allowed  or  paid  during  the  year  ending  the  preceding  June  thirtieth, 
and  such  other  facts  as  may  be  required  by  the  state  superintendent. 

16.  On  receipt  of  such  report,  if  it  shall  be  satisfactory  to  the  state  superintendent, 
and  if  it  shall  appear,  as  the  result  of  an  actual  inspection  by  the  direction  of  the  state 
superintendent,  that  the  work  of  such  supervising  teacher  has  been  efficient,  and  that  he 
has  devoted  his  time  exclusively  to  the  duties  of  his  position,  the  state  superintendent  shall 
certify  in  favor  of  the  count}'  employing  such  supervising  teacher,  or.  teachers,  the  amount 
of  the  salary  and  the  actual  and  necessary  expenses  paid  to  such  supervising  teacher,  or 
Teachers,  for  the  year  ending  the  preceding  June  thirtieth,  and  file  it  with  the  secretary  of 
state,  whereupon  the  secretary  of  state  shall  draw  his  warrant  to  the  amount  of  the  cer- 
Tificate  in  favor  of  the  comity  treasurer  of  the  county  employing  such  supervising  teacher, 
or  teachers.  The  amount  so  certified  shall  be  paid  upon  the  warrant  of  the  secretary  of 
state  by  the  state  treasurer  to  the  treasurer  of  the  county,  to  be  placed  in  a  fund  to  be 
used  for  the  payment  of  the  salary  and  expenses  of  the  supervising  teacher,  or  teachers. 

17.  Each  county  or  district  superintendent  shall  be  reimbursed  his  actual  and  neces- 
sary expenses  incurred  in  traveling  from  his  residence  to  the  place  of  holding  the  nearest 
or  most  accessible  convention  of  count}''  superintendents  called  by  the  state  superintendent, 
his  hotel  expense  during  the  time  he  actually  attended  such  convention  and  his  expenses 
incurred  in  returning  to  his  place  of  residence.  An  itemized  statement  for  such  expenses 
shall  be  audited  by  the  county  board  upon  the  presentation  thereof  with  the  certificate  of 
the  state  superintendent  attached,  showing  the  attendance  of  the  county  or  district  super- 
intendent on  such  convention  for  the  time  specified  in  the  statement,  and  not  more  than 
one  such  account  shall  be  paid  for  any  one  superintendent  for  each  year.  Each  county  or 
district  superintendent  shall  give  a  bond  with  such  sureties  as  the  county  board  of  super- 
visors may  approve,  for  the  proper  performance  of  his  duties  under  the  law  providing 
for  a  county  teachers'  institute  fund,  which  bond  shall  secure'the  payment  of  not  less  than 
twice  the  sum  of  money  which  the  board  may  estimate  will  come  into  his  hands  in  con- 
sequence thereof. 

18.  There  is  hereby  appropriated  annually  from  the  fund  created  by  section  1072a  of 
the  statutes,  before  it  shall  have  been  distributed  by  the  state  superintendent  as  required 
by  law,  an  amount  sufficient  to  pay  all  claims  for  salary  and  expenses,  arising  under  the 
provisions_of  subsection  16  of  this  section.     [1915  c.  531  s.  2] 

Vacancies.  Section  699.  "Whenever  any  vacancy  shall  happen  in  any  of  the  offices 
enumerated  in  the  preceding  section  it  shall  be  filled  by  appointment  for  the  residue  of 
the  term  only.  AYhenever  any  person  shall  be  appointed  to  any  county  office  he  shall 
enter  on  the  duties  thereof  immediately  after  qualification. 

COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

Eligibility.  Section  702a,  No  person  shall  be  eligible  to  the  office  of  county  super- 
intendent of  schools  who  shall  not,  at  the  time  of  his  election  or  appointment  thereto, 
have  taught  in  a  public  school  in  this  state  for  a  period  of  not  less  than  eight  months, 
and  who  shall  not,  at  such  time,  hold  a  certificate  entitling  him  to  teach  in  any  public 
school  therein,  or  a  county  superintendent's  certificate,  issued  by  the  state  superintend- 
ent after  examination  by  and  upon  the  recommendation  of  the  board  of  examiners  for 
state  certificates  as  provided  by  law;  provided,  that  the  foregoing  provision  shall  not 

346 


Chap.  37  s.  703]  [County  Officers- 

disqualify  any  person  who  held  such  office  in  this  state  on  or  before  the  first  day  of 
May,  one  thousand  eight  hundred  and  ninety-five.     [1907  c.  118] 

Superintendent  districts;  effect  upon  cities.  Section  703.  The  county  board  of 
each  county  having  over  fifteen  thousand  inhabitants  according  to  the  census  last  pre- 
ceding division  may  divide  such  county  into  two  superintendent  districts,  to  be  called 
superintendent  district  number  one  and  superintendent  district  number  two,  by  resolu- 
tion, specifying  therein  the  territory  included  in  each  and  every  such  division,  and  every 
like  division  heretofore  made  shall  remain  in  force  until  rescinded  by  resolution  of  the 
county  board.  Unless  so  divided  each  county  shall  constitute  a  superintendent  district; 
but  every  city  having  a  board  of  education,  a  superintendent  of  sehools  or  other  board 
or  officer  vested  with  power  to  examine  and  license  teachers  and  supervise  and  manage 
the  schools  therein  shall  be  exempt  from  the  provisions  of  this  section  and  all  provi- 
sions relating  to  county  superintendents  of  schools,  except  so  far  as  required  to  make 
reports  to  the  county  superintendent  of  the  district  in  which  such  city  is  situated;  and 
the  electors  of  such  city  shall  have  no  voice  in  electing  such  county  superintendent,  and 
the  supervisors  from  such  city  shall  have  no  voice  in  the  county  board  in  determining 
or  providing  the  compensation  or  allowance  of,  or  any  matter  relating  to,  such  county 
superintendent;  nor  shall  any  tax  be  levied  on  such  city  to  pay  any  part  of  such  com- 
pensation or  allowances.  "When  any  county  shall  be  so  divided  "the  county  board  may 
assign  the  county  superintendent  in  office  to  either  district,  and  the  state  superintend- 
ent shall  appoint  a  county  superintendent  for  the  other  district,  to  hold  until  his  suc- 
cessor is  elected  and  qualified  according  to  law.  The  acceptance  of  the  office  of  county 
supervisor  by  any  county  superintendent  of  schools  shall  vacate  his  office. 

Committees  on  common  schools.  Section  704.  1.  There  is  hereby  created  a  com- 
mittee for  each  county  or  county  superintendent  district  in  the  state  of  Wisconsin,  to  be 
known  as  the  committee  on  common  schools,  consisting  of  three  members,  to  be  appointed 
or  elected  as  hereinafter  provided. 

2.  The  chairman  of  the  county  board  of  supervisors  of  every  county  in  the  state  im- 
mediately after  the  passage  and  publication  of  this  act  shall  appoint  three  persons  to  act 
as  a  committee  on  common  schools  for  the  creation,  dissolution,  or  consolidation  of  school 
districts,  or  alteration  of  school  district  boundaries,  and  the  appointment  of  supervising 
teachers  provided  for  in  subsection  10  of  section  608.  Any  elector  resident  within  the 
county,  but  not  within  a  city  under  a  city  superintendent,  shall  be  eligible  to  appointment 
on  such  committee,  provided  that  no  member  of  the  county  board  of  supervisors  shall  be 
eligible  to  serve  as  a  member  of  such  committee.  The  terms  of  office  of  the  members  of 
the  committee  on  common  schools  appointed  by  the  chairman  of  the  county  board  of  su-. 
pervisors  shall  expire  on  the  first  Tuesday  succeeding  the  second  Monday  in  November, 
1015.  At  the  annual  meeting  of  the  county  board  of  supervisors  of  every  county  in  the 
state  held  in  November,  1015,  there  shall  be  elected  by  the  county  board  of  supervisors  a 
committee  on  common  schools  consisting  of  three  members  to  perform  the  duties  imposed 
by  this  act  on  such  committee.  The  terms  of  office  of  the  members  of  the  committee  on 
common  schools  shall  be  for  three  years  from  the  date  of  their  election,  except  that  the 
county  board  of  supervisors  at  the  November  meeting,  1015,  shall  select  one  member  who 
shall  serve  for  one  year,  one  member  who  shall  serve  for  two  years,  and  one  member  who 
shall  serve  for  three  years  from  the  date  of  his  election,  and  annually  thereafter  the  county 
board  of  supervisors  of  eveiy  county  in  the  state  shall  at  the  regular  meeting  in  November 
elect  one  member  on  the  committee  on  common  schools  who  shall  serve  for  three  years 
from  the  date  of  his  election  or  until  his  successor  shall  have  been  elected. 

3.  Vacancies  occurring  in  the  committee  on  common  schools  while  the  county  board  of 
supervisors  is  not  in  session  shall  be  filled  by  appointment  by  the  chairman  of  the  county 
board  of  supervisors.  The  person  so  appointed  shall  serve  until  the  next  regular  meeting 
of  the  county  board  of  supervisors,  at  which  time  the  vacancy  shall  be  filled  for  the  unex- 
pired term  by  election  by  the  county  board  of  supervisors. 

4.  The  members  of  the  county  board  of  supervisors  representing  only  cities  or  wards 
of  cities  or  districts  in  cities  having  an  independent  system  of  schools  supervised  by  an 
independent  city  superintendent,  shall  have  no  voice  in  electing  members  of  the  committee 
oir  common  schools,  nor  shall  any  tax  be  levied  in  such  city  to  pay  any  part  of  the  per 
diem  or  expenses  of  the  members  of  such  committee.  In  counties  maintaining  two  super- 
intendent districts  the  chairman  of  the  county  board  of  supervisors  shall  appoint  two  com- 
mittees on  common  schools  of  three  members  each,  as  provided  for  in  subsection  2  of  sec- 
tion 704,  and  the  county  board  of  supervisors  in  such  counties  shall  in  November,  1015, 
and  annually  thereafter,  as  provided  for  in  subsection  2  of  section  704,  elect  two  commit- 
tees on  common  schools. 

5.  The  members  of  the  committee  on  common  schools  appointed  before  November,  1015, 
shall  meet  at  the  county  seat  on  the  first  Tuesday  after  their  appointment  and  elect  one  of 

347  * 


Chap.  40a  s.  925 — 46m]  [General  City  Charter  Law. 

the  members  as  chairman  of  the  committee,  who  shall  serve  until  his  successor  shall  have 
been  chosen.  The  first  meeting  of  the  committee  on  common  schools  held  in  accordance 
Avith  this  subsection  shall  be  construed  to  be  the  first  annual  meeting  of  the  committee  on 
common  schools. 

6.  After  December  1,  1915,  the  committee  on  common  schools  shall  meet  annually  at 
the  county  seat  on  the  first  Tuesday  in  December  for  the  transaction  of  such  business  as 
may  properly  come  before  it.  Special  meetings  may  be  called  by  the  secretary  of  the 
committee  upon  the  order  of  the  chairman,  or  by  the  other  two  members  of  the  committee 
at  such  times  and  places  as  may  be  designated  in  the  call.  At  least  six  days'  written  notice 
of  the  time,  place  and  purpose  of  any  special  meeting  shall  be  given  each  member  of  the 
committee.  It  shall  be  lawful  to  send  such  notice  by  registered  mail.  The  clerk  for  the 
county  superintendent  shall  be  ex  officio  secretary  of  the  committee,  but  in  case  no  such 
clerk  is  serving  then  the  committee  on  common  schools  shall  elect  one  of  its  members  as 
secretary.     A  majority  of  the  committee  shall  constitute  a  quorum. 

7.  It  shall  be  the  duty  of  the  secretary  of  such  committee  to  keep  a  record  of  all  of  the 
proceedings  of  the  committee.  The  county  clerk  shall  furnish  the  committee,  at  the  ex- 
pense of  the  county,  all  necessary  record  books,  stationery,  printing  and  postage  needed 
for  the  proper  discharge  of  its  duties.  The  bill  for  the  expense  of  such  supplies  shall  be 
audited  and  allowed  as  other  claims  against  the  county  are  audited  and  allowed.  It  shall 
be  the  duty  of  the  county  superintendent,  upon  the  request  of  the  committee,  to  attend  its 
meetings  and  to  advise  with  the  committee. 

8.  The  members  of  the  committee  on  common  schools  shall  be  allowed  a  per  diem  of 
three  dollars  and  all  necessary  and  actual  expenses  incurred  in  the  performance  of  their 
duties,  provided  that  they  shall  not  be  paid  a  per  diem  for  more  than  fifteen  days  in  any 
one  year.  The  per  diem  and  the  expenses  of  the  members  of  this  committee  shall  be 
audited  and  paid  as  other  claims  against  the  county  are  now  audited  and  paid. 

9.  Any  person  feeling  himself  aggrieved  at  the  action  of  any  town  board,  village  board 
of  trustees,  or  city  councils  in  creating,  dissolving,  or  consolidation  of  school  districts,  or 
altering  school  district  boundaries,  or  in  refusing  to  create,  dissolve,  or  consolidate  school 
districts,  or  alter  school  district  boundaries  may  appeal  to  the  committee  on  common 
schools,  which  shall  try  the  appeal  in  the  manner,  within  the  time  and  with  the  same  re- 
sult as  in  case  of  trial  on  appeal  to  the  state  superintendent. 

10.  Any  person  feeling  himself  aggrieved  at  the  action  of  the  committee  on  common 
schools  in  creating,  dissolving,  or  consolidating  of  school  districts,  or  altering  school  dis- 
trict boundaries,  or  in  refusing  to  create,  dissolve,  or  consolidate  school  districts,  or  alter 
school  district  boundaries,  or  by  anything  done  by  the  committee  under  the  pi'ovisions  of . 
this  section,  may  appeal  to  the  state  superintendent  as  is  now  provided  by  law  in  sections 
497  and  497a  of  the  statutes. 

11.  It  shall  be  the  duty  of  the  committee  on  common  schools  to  file  a  copy  of  its  decision 
in  any  case  heard  before  it  in  accordance  with  the  provisions  of  this  section  with  the  clerks 
of  the  school  districts  interested  and  with  the  county  superintendent  within  six  days  after 
having  made, said  decision. 

12.  The  committee  on  common  schools  shall  within  two  years  after  its  appointment 
proceed  to  make  a  map  of  the  county,  showing  the  boundaries  of  the  school  districts  in  the 
county  the  location  of  the  sehoolhouses,  and  the  main  highways.  It  shall  be  the  duty  of 
the  county  superintendent,  the  supervising  teachers,  and  the  clerk  for  the  county  superin- 
tendent to  assist  the  committee  on  common  schools  in  the  preparation  of  the  county  school 
district  map.  The  map  when  made  shall  be  kept  in  the  office  of  county  superintendent  at 
the  county  seat,  or  in  case  the  county  superintendent  does  not  maintain  an  office  at  the 
county  seat,  then  in  the  office  of  the  county  clerk,  and  shall  be  corrected  from  time  to  time. 
But  no  order  for  the  consolidation  of  school  districts  shall  be  made  if  a  majority  of  those 
voting  on  the  question  of  consolidation  under  section  496 — 1  of  the  statutes,  shall  vote 
against  consolidation. 

13.  It  shall  be  the  duty  of  the  committee  on  common  schools  on  or  before  the  first  day 
of  November  of  each  year  to  file  with  the  county  board  of  supervisors  a  report  setting 
forth  the  number  of  meetings  held  and  the  number  of  school  districts  created,  dissolved, 
consolidated  or  altered,  and  a  report  of  the  expenses  of  the  members  of  the  committee. 
The  report  when  filed  shall  he  published  in  the  proceedings  of  the  county  board  of  super- 
visors and  shall  be  filed  with  the  county  clerk.     [1915  c.  531  s.  2] 

School  boards;  proceedings;  printing;  publication.  Section  925 — 46to.  The  official 
proceedings  of  regular  and  special  meetings  of  boards  of  education  in  all  incorporated 
cities  and  villages  in  this  state,  including  a  full  statement  of  all  receipts  and  expendi- 
tures, shall  be  printed  and  published  in  such  manner  as  the  board  of  education  shall 
direct.     [1909  c.  249] 

348 


Chap.  40a  s.  925—113]  [General  City  Charthr  Law. 

GENERAL   CITY   CHARTER   LAW   SCHOOLS. 

School  board;  changing  system  and  boundaries;  certain  cities.  Section  925 — 113. 
1.  If  in  any  city  other  than  of  the  first  class  which  has  adopted  the  general  charter  law, 
or  which  shall  hereafter  become  incorporated  under  the  provisions  of  section  925<7,  of  the 
statutes,  or  which  has  adopted  or  which  shall  hereafter  adopt  subchapter  XIV  of  chap- 
ter 40a,  of  the  statutes,  there  shall  be  at  the  time  of  such  adoption  or  incorporation  a 
board  of  education  or  a  school  board  elected  by  the  people,  or  the  ordinary  school  dis- 
trict system  is  in  force,  the  plan  of  school  organization  and  management  shall  continue 
until  changed  by  a  majority  vote  of  the  electors  of  such  school  district  or  districts; 
neither  shall  the  adoption  of  the  general  charter  or  the  act  of  incorporation  under  the 
provisions  of  section  925a  operate  to  change  or  in  any  way  affect  the  boundaries  of  any 
school  district. 

2.  If  the  district  system  is  in  force,  the  vote  shall  be  taken  at  a  special  election,  duly 
called,  noticed  and  held  as  provided  by  law;  and  if  any  city  shall  contain  more  than 
one  school  district,  then  the  special  election  shall  be  held  in  each  school  district  any  part 
of  which  lies  within  the  city  limits,  upon  the  same  day  and  at  the  same  hour,  and  the 
existing  system  shall  not  be  changed  unless  a  majority  of  the  electors  voting  in  each  dis- 
trict at  such  special  election  shall  vote  in  favor  of  such  change. 

3.  If  a  majority  of  the  electors  voting  in  each  such  district  at  such  special  election 
shall  vote  in  favor  of  such  change,  then  such  change  of  school  system  shall  go  into  effect 
and  be  such  as  is  provided  for  in  said  subchapter  XIV  and  the  school  district  boundaries 
shall,  without  further  action,  be  changed  so  as  to  create  one  school  district  which  shall 
include  all  the  territory  embraced  within  the  limits  of  such  city  and  each  and  all  of  those 
parts  or  portions  of  each  such  former  district  or  districts  lying  outside  of  the  limits  of 
such  city  shall  be  attached  to  and  connected  with  such  city  for  school  purposes;  such 
change  of  the  school  system  and  school  district  boundaries  shall  go  into  effect  on  the 
first  day  of  March  following  such  special  election  and  not  earlier,  and  the  school  district 
boards  and  district  officers  existing  at  the  time  of  holding  such  election  shall  continue  in 
office  and  shall  have  exclusive  control  of  their  respective  schools  and  school  properties 
until  such  change  of  school  system  and  school  district  boundaries  shall  go  into  effect  as 
hereinbefore  provided  and  to  the  end  of  the  then  current  school  year,  and  on  the  first 
Monday  of  July  following  the  date  when  such  change  of  school  system  goes  into  effect 
each  of  said  school  boards  shall  settle  their  accounts  with  the  board  of  education  and 
shall  deliver  all  property,  papers  and  records  of  each  of  their  respective  districts  to  said 
board  of  education. 

4.  Immediately  after  the  holding  of  such  special  election  in  each  such  district,  each 
school  district  board  shall  certify  and  return  the  results  of  such  election  to  the  clerk  of 
each  city  and  town  within  which  any  part  of  either  of  such  district  is  located  and  if  such 
change  of  school  system  is  voted  upon  favorably  in  each  such  district,  the  clerk  of  each 
such  municipality  shall  make  a  record  in  his  office  showing  the  change  of  such  system 
and  boundaries  and  the  date  when  the  same  will  go  into  effect. 

5.  If  the  existing  system  of  school  organization  is  directed  and  controlled  by  a  board 
of  education  or  a  school  board  either  appointed  or  elected  under  the  provisions  of  a  spe- 
cial charter,  such  system  can  be  changed  by  vote  of  the  electors  taken  at  a  special  elec- 
tion called  and  held  pursuant  to  the  provisions  of  such  special  charter  governing  special 
elections. 

6.  If  the  existing  system  of  school  organization  is  directed  and  controlled  by  a  board 
of  education  appointed  by  the  mayor  under  the  provisions  of  the  general  charter  law, 
such  system  can  be  changed  by  a  vote  of  the  electors  taken  at  a  special  election  duly 
called  and  held  pursuant  to  law. 

7.  In  all  cases  where  the  existing  system  or  plan  of  school  organization  shall  be 
changed  under  the  provisions  of  this  section,  such  change  shall  not  go  into  effect  until 
the  close  of  the  then  current  school  year. 

8.  In  all  cities  governed  by  this  subchapter,  the  school  shall  be  under  the  control  of 
a  board  of  education,  which  board  except  as  provided  in  section  925— 113w  shall  consist 
of  one  commissioner  from  each  ward  and  three  from  the  city  at  large,  to  be  appointed  by 
the  mayor  and  confirmed  by  the  common  council,  or  elected  by  the  common  council,  if  so 
determined  by  ordinance.  The  mayor  in  appointing  or  council  in  electing  the  first  board 
shall  divide  the  members  into  three  classes  as  nearly  equal  as  may  be,  one  of  the  com- 
missioners at  large  being  in  each  class,  and  shall  appoint  those  of  one  class  for  one  year, 
those  of  another  class  for  two  years,  and  those  of  the  remaining  class  for  three  years. 
Each  commissioner  shall  hold  his  office  for  the  term  designated  in  such  classification  and 

349 


Chap.  40«  s.  925— 113a]  [General  City  Charter  Law.. 

until  bis  successor  shall  have  qualified;  thereafter  all  commissioners  shall  be  appointed 
or  elected  and  hold  their  offices  for  three  years  and  until  their  successors  shall  have 
qualified.      [1911  c.  663  s.  S3] 

Cities,  fourth  class;  changing  school  government.  Section  925 — 113a,  1.  Upon  the 
presentation  of  a  resolution  to  the  city  clerk  of  any  city  of  the  fourth  class  now  operat- 
ing its  schools  under  the  provisions  of  the  general  charter  or  a  special  charter,  signed  by 
thirty  per  cent  of  the  legal  voters  of  such  city  school  district,  requesting  a  return  to  the 
ordinary  "district  system  of  school  government,  and  an  annulment  of  that  provision  of 
the  charter  under  which  the  schools  are  now  administered,  it  shall  become  the  duty  of 
the  city  council  to  submit  this  question  to  the  electors  of  the  city  school  district  at  a 
special*  election,  duly  called,  noticed  and  held  pursuant  to  law. 

2.  And  if  a  majority  of  the  electors  of  the  city  school  district  shall,  at  the  special 
election  duly  held  pursuant  to  the  provisions  of  such  special  charter  governing  special 
elections  or* of  the  general  charter,  vote  in  favor  of  said  change  of  school  government, 
then  thereafter  the  schools  of  such  city  school  district  shall  be  administered,  maintained, 
and  operated  under  the  ordinary  district  form  of  school  government  until  changed  by 

ipetent  authority. 

3.  In  all  cases  where  the  existing  system  or  plan  of  school  organization  shall  be 
changed  under  the  provisions  of  this  section,  such  change  shall  not  go  into  effect  until  the. 
close  of  the  current  school  year.      [1911  c.  663  s.  84] 

Special  election;  adopting  section  925 — 113n.  Section  925 — 113m.  At  the  special 
election  mentioned  in  section  925 — 113,  there  shall  be  submitted  to  a  vote  of  the  electors 
of  the  several  school  districts  the  question,  "Shall  the  board  of  education  be  elected  in 
accordance  with  section  925 — 113n?"  If  a  majority  of  all  the  votes  cast  upon  that  ques- 
tion at  such  election  shall  be  in  the  affirmative,  then  the  board  of  education  shall  be 
elected  in  accordance  with  the  provisions  of  said  section  925 — 113«  at  the  spring  election 
held  in  such  city  next  after  the  time  when  such  change  of  school  system  and  school  dis- 
trict boundaries  shall  go  into  effect.      [1909  c.  177] 

Board  of  education;  members;  election;  notice;  term;  vacancy.  Section  925 — 113«. 
1.  Where  the  electors  have  decided  in  the  affirmative  under  the  preceding  section,  the 
board  of  education  shall  consist  of  seven  commissioners  elected  at  large  from  the  terri- 
tory of  such  city.  The  members  of  such  board  shall  be  divided  as  nearly  equal  as  may 
be  into  three  classes.  One  class  of  three  members  shall  be  elected  for  one  year,  one  class 
of  two  members  for  two  years,  and  those  of  the  remaining  class  for  three  years.  Such 
commissioners  shall*  be  elected  at  the  annual  spring  election  held  in  such  city.  The 
names  of  the  candidates  for  the  office  of  school  commissioner  shall  be  printed  upon  a 
separate  ballot  under  the  title  "school  commissioners." 

2.  At  the  annual  spring  election  next  after  the  time  when  the  change  of  school  system 
and  school  district  boundaries  shall  go  into  effect,  there  shall  be  elected  seven  commis- 
sioners to  constitute  the  board  of  education  for  such  school  district.  All  qualified  elec- 
tors within  such  city  shall  be  entitled  to  vote  for  such  commissioners  at  such  election. 

3.  At  the  first  election  held  for  the  office  of  school  commissioner  the  two  persons  re- 
ceiving the  highest  number  of  votes  shall  be  elected  for  three  years,  the  two  receiving  the 
next  highest  number  of  votes  shall  be  elected  for  two  years,  and  the  three  receiving  the 
next  highest  number  of  votes  shall  be  elected  for  one  year.  Each  elector  voting  at  such 
first  election  shall  be  entitled  to  vote  for  seven  candidates.  Thereafter  such  electors 
shall  elect  at  each  spring  election  commissioners  for  the  term  of  three  years.  Each 
elector  shall  be  entitled  to  vote  for  as  many  candidates  as  there  are  commissioners  to  be 
elected  and  the  ones  receiving  the  highest  number  of  votes  shall  be  elected. 

4.  The  votes  cast  at  such  election  shall  be  canvassed  and  return  thereof  certified  to 
the  commom  council.  The  common  council  shall  canvass  the  returns  of  such  election 
and  shall  declare  the  result  thereof  as  for  city  officers. 

5.  The  persons  elected  in  accordance  herewith  shall  constitute  the  board  of  education 
of  such  school  district.  The  term  of  office  of  each  such  commissioner  shall  commence 
on  the  first- day  of  May  following  such  election  and  each  commissioner  shall  hold  office 
until  his  successor  is  elected  and  qualified.  Vacancies  in  such  board  of  education  shall 
be  filled  by  appointment  by  the  mayor  of  such  city  subject  to  the  approval  of  the  council. 
Notices  of  election  under  this  statute  shall  be  given  as  in  other  elections  in  said  city. 
[1909  c.  177] 

Annual  meeting.  Section  925 — 114.  The  first  meeting  of  the  board  each  year  shall 
be  held  on  the  first  Monday  in  May  or  as  soon  thereafter  as  may  be.  At  such  meeting 
the  board  shall  elect  one  of  its  members  president  and  another  vice  president.  The 
president  shall  preside  and  preserve  order  at  every  meeting  of  the  board  at  which  he 
shall  be  present,  and  perform  such  other  duties  as  the  board  shall  by  rule,  by-law  or 

350 


Chap.  lOn  s.  925 — 115]  [General  City  Charter  Law. 

resolution  from  time  to  time  require  of  him.  It  shall  be  the  duty  of  the  vice  president 
to  discharge  the  duties  of  the  president  in  his  absence. 

Secretary  and  superintendent.  Section  925 — 115.  In  cities  of  the  first  class  the 
board  of  education  shall,  annually  at  its  first  meeting  or  as  soon  thereafter  as  may  be, 
elect  a  secretary  who  shall  not  be  a  member  of  the  board.  In  other  cities  the  city  clerk 
shall  be  ex  officio  secretary  of  the  board.  In  cities  not  under  the  supervision' of  a  county 
superintendent  the  board  shall,  in  like  manner  at  such  meeting  or  as  soon  thereafter  as 
may  be,  elect  a  superintendent  of  schools  for  the  city  who  shall  not  be  a  member  of  the 
board.  These  officers  shall  hold  their  respective  offices  for  one  year  and  until  their  suc- 
cessors shall  have  been  elected,  unless  sooner  removed  by  a  resolution  adopted  by  a  vote 
of  two-thirds  of  the  members  of  the  board. 

Authority  of  board.    Section  925 — 116.    The  board  of  education  shall  have  authority : 

(1)  To  establish  and  organize  such  high  schools  and  so  many  district  schools  and 
branches  of  the  same,  primary  schools,  night  schools  and  kindergartens  as  they  shall 
deem  expedient. 

(2)  To  establish  and  change  from  time  to  time  such  and  so  many  school  districts  as 
shall  include  all  the  territory  of  the  city,  and  to  afford  to  the  people  of  the  city  such  dis- 
trict school  facilities  as  the  circumstances  of  the  city  and  its  various  parts  may  from 
time  to  time  require;  provided,  that  in  cities  adopting  this  chapter  or  being  newly  organ- 
ized under  it  the  school  districts  already  established  shall  remain  until  otherwise  ordered 
by  the  board. 

(3)  To  purchase  and  preserve  such  school  apparatus  as  may  from  time  to  time  be  re- 
quired. 

(4)  To. grade  the  schools  and  prescribe  the  course  of  study  to  be  pursued  therein  and 
the  textbooks  to  be  used;  provided,  that  such  textbooks  shall  not  be  changed  oftener  than 
once  in  five  years. 

(5)  To  employ  teachers  of  all  grades  and  fix  their  salaries. 

(6)  To  prescribe  rules  of  order  for  the  regulation  of  their  own  meetings  and  delibera- 
tions, and  alter  and  repeal  the  same  from  time  to  time  as  they  shall  see  proper. 

(7)  To  appoint  all  necessary  standing  and  special  committees. 

(8)  To  enact,  amend  and  repeal  all  necessary  rules,  regulations  and  by-laws  for  the 
government  of'  the  schools,  teachers  and  school  officers. 

(9)  To  fix  the  salaries  and  prescribe  the  duties  of  the  superintendent  of  schools  in 
cities  not  under  the  supervision  of  a  county  superintendent,  to  authorize  him  to  appoint 
such  assistant  superintendents,  either  for  general  or  special  service,  as  they  may  deem 
necessary,  and  fix  the  salaries  of  such  assistants:  to  fix  the  salary  of  the  secretary  of 
the  board  and  his  assistants;  prescribe  his  duties,  whether  he  be  the  city  clerk  or  one 
specially  elected  by  the  board,  and  in  the  latter  case  to  authorize  such  secretary  to  ap- 
point such  assistants  as  they  may  deem  necessary. 

(10)-  To  contract  for  and  purchase  all  necessary  fuel  for  the  schools  and  school  offi- 
ces, provide  for  lighting  the  same,  appoint  janitors  for  the  school  buildings  and  school 
offices  and  fix  thrir  salaries. 

(11)  To  estimate  the  expenses  of  the  public  schools  as  hereinafter  provided. 

(12)  To  exercise  all  the  powers  necessarily  incident  to  the  powers  herein  conferred. 
Monthly  and  special  meetings.     Section  925 — 117.     It  shall  be  the  duty  of  said 

board  to  .hold  monthly  meetings  at  such  times  as  it  shall  from  time  to  time  prescribe; 
special  meetings  may  be  held  under  such  rules  and  regulations  as  the  board  may  fix. 

School  buildings;  office  for  board.  Section  925 — 118.  It  shall  be  the  duty  of  the 
board  pf  public  works,  except  as  provided  in  section  925 — 87,  under  the  direction  of  the 
council,  to  erect  and  keep  in  repair  all  school  buildings,  and  to  provide  suitable  offices  for 
the  board  of  education  and  its  secretary,  if  there  be  one  other  than  the  city  clerk,  and 
the  city  superintendent  of  schools,  if  any.  In  the  absence  of  permanent  school  build- 
ings, or  proper  offices  for  the  transaction  of  school  business,  the  board  of  public  works 
may  rent  suitable  rooms,  temporarily,  for  schools  or  offices  or  either. 

Cities,  third  and  fourth  class;  school  buildings;  sites;  construction;  contracts.  Sec- 
tion 925 — 118rt.  In  all  cities  of  the  third  and  fourth  class  the  expenditure  of  all  sums 
of  money  appropriated  for  the  purchase  of  a  school  site  or  sites,  or  for  the  erection, 
enlargement,  alteration  or  repair  of  school  buildings  and  for  the  maintenance  of  schools, 
shall  be  under  the  direction  and  authority  of  the  board  of  education.  Whenever  the 
estimated  cost  of  the  buildings  to  be  erected,  enlarged,  altered  or  repaired  exceeds  one 
thousand  dollars,  the  boai'd  of  education  shall  make,  or  cause  to  be  made,  plans  and  speci- 
fications setting  forth  clearly  and  in  detail  the  work  to  be  done  and  the  material  to  be 
used  and  an  estimate  of  the  cost  of  the  same.  After  these  plans  and  estimates  have  been 
adopted  by  the  board  and  approved  by  the  common  council  said  board  shall  give  at  least 

351 


Chap.  40a  s.  925 — 118a]  [General  City  Charter  Law. 

ten  days'  notice  by  advertisement  in  the  official  city  paper,  or  in  one  designated  by  the 
common  council,  of  the  reception  of  bids  for  the  execution  of  the  proposed  work. 

All  bids  must  be  sealed  and  accompanied  by  a  satisfactory  bond  in  such  sum  as  may 
be  designated  in  the  advertisement  for  bids,  signed  by  the  bidder  and  two  or  more  sure- 
ties, who  shall  be  residents  .of  this  state,  and  who  shall  justify  as  to  their  responsibility, 
and  by  their  several  affidavits  show  that  they  are  worth  in  the  aggregate  at  least  double 
the  amount  of  the  bond  in  property  not  by  law  exempt  from  execution  in  this  state,  or 
by  a  bond  of  a  surety  company  duly  licensed  to  transact  business  in  this  state,  such  bond 
and  sureties  to  be  approved  by  the  board  previous  to  the  opening  of  the  accompanying 
bids  or  proposals,  and  shall  be  conditioned  that  the  bidder  will  enter  into  a  contract  with 
the  required  sureties,  for  the  price  mentioned  in  his  proposal  and  according  to  the  plans 
and  specifications  on  file,  in  ease  the  contract  shall  be  awarded  to  him;  and  in  case  of 
failure  on  his  part  to  execute  a  contract  with  satisfactory  sureties,  said  bond  shall  be 
prosecuted  in  the  name  of  said  city,  and  judgment  recovered  thereon  for  the  full  amount 
of  the  penalty  thereof  as  liquidated  damages,  in  any  court  having  jurisdiction  of  the 
action,  unless  the  common  council  shall  by  resolution  'direct  that  no  action  be  com- 
menced; provided,  that  a  certified  check  for  not  less  than  five  per  cent  of  the  estimated 
cost  of  said  proposed  work  may  be  received  by  said  board  in  lieu  of  the  bond  hereinbe- 
fore 23rovided  for.  The  power  to  reject  any  and  all  bids  shall  be  deemed  to  exist  unless 
expressly  waived. 

All  contracts  entered  into  under  this  provision  shall  be  let  to  the  lowest  bidder,  ex- 
cept as  hereinafter  provided.     Whenever  the  lowest  bid  for  any  work  to  be  let  by  the 
board  shall  exceed  the  estimates,  or  seem  to  said  board  to  be  unreasonably  high,  the 
board  is  authorized  to  reject  all  bids  and  to  readvertise  the  work  anew;  or  whenever  no 
proper  bids  shall  be  received,  or  whenever  the  lowest  bid  exceeds  the    estimate,    or   the 
lowest  bidder  shall  be  in  the  judgment  of  said  board  incompetent,  or  otherwise  unreliable 
for  the  performance  of  the  work  for  which  he  bids,  the  said  board  shall  report  to  the 
common  council  a  schedule  of  all  the  bids  received,  together  with  such  recommendations 
as  the  board  shall  choose  to  make  with  their  reasons  therefor,  and  the  common  council 
may  authorize  the  board  to  let  the  work  to  the  lowest  competent  and  reliable  bidder;  or 
the  council  by  vote  of  two-thirds  of  all  its  members  may  authorize  the  board  to  have  the 
work  done  under  the  supervision  of  such  person  or  persons  as  the  board  may  designate. 
A  written  or  printed  contract  shall  be  entered  into  for  the  completion  of  the  work 
with  a  bond  in  such  sum  as  the  board  may  designate  for  its  full  performance.     Said 
bond  shall  be  executed  by  two  or  more  sureties  for  the  contractor,  guaranteeing  to  the 
satisfaction  of  said  board  the  performance  of  such  contract  by  the  contractor  under  the 
su]3ervision  and  to  the  satisfaction  of  said  board,  each  of  which  sureties  shall  make  affi- 
davit that  he  is  a  resident  of  the  state  of  Wisconsin,  and  that  he  is  the  owner  of  real 
estate  in  the  state  of  Wisconsin,  free  from  incumbrances,  subject  to  execution,  of  a  cash 
value  equal  to  the  penal  sum  of  such  bond,  and  that  he  is  worth  the  estimated  amount  of 
money  to  be  paid  on  such  contract,  over  and  above  all  his  debts  and  liabilities,  in  prop- 
erty in  this  state  subject  to  execution,  or  by  a  bond  of  a  surety  company  duly  licensed  to 
do  business  in  this  state. 

The  said  board  shall  reserve  in  every  contract  the  right  to  determine  finally  the  per- 
formance of  such  contract,  or  doing  of  the  work  specified  therein ;  and  the  right,  in  case 
of  improper  or  imperfect  performance  thereof,  to  suspend  such  work  at  any  time;  or  to 
order  the  entire  reconstruction  of  the  same,  if  improperly  done,  or  to  relet  the  same  to 
some  other  competent  party;  and  also  the  right,  in  case  such  work  shall  not  be  prose- 
cuted with  such  diligence  and  with  such  number  of  men,  as  to  insure  its  completion 
within  the  time  limited  by  the  contract,  to  suspend  such  work  and  to  relet  the  same  to 
some  other  competent  party,  or  to  employ  men  and  secure  material  for  the  completion  of 
the  same,  and  charge  the  cost  to  the  contractor. 

And  power  is  hereby  given  to  the  said  board  to  adjust  and  determine  all  questions 
as  to  the  amount  earned  under  any  contract  by  the  contractor  or  contractors,  according 
to  the  true  intent  and  meaning  of  the  contract;  such  adjustment  and  determination  by 
said  board  shall  be  reported  by  the  board  to  the  common  council,  and  when  approved 
by  said  council  shall  be  final  between  the  parties  and  binding  upon  them.  If  the  amount 
of  damages  to  be  paid  to  the  city  shall  exceed  the  amount  due  from  the  city  to  the  con- 
tractor or  contractors,  according  to  such  determination  and  adjustment,  then  the  differ- 
ence, or  balance  in  favor  of  the  city,  according  to  such  determination  and  adjustment, 
shall  be  recoverable  by  law  in  an  action  in  the  name  of  the  city  against  such  contractor 
or  contractors  and  their  sureties,  in  any  court  having  jurisdiction. 

Every  contract  with  the  city  shall  also  contain  a  covenant  or  agreement  on  the  part 
of  the  contractor  or  his  sureties,  that  in  case  such  contractor  shall  fail  to  fully  complete 

352 


Chap.  40a  s.  925—119.]  [General  City  Charter  Law. 

and  perform  such  contract  within  the  time,  therein  limited  for  the  performance  thereof, 
such  contractor  shaH  pay  to  the  city  as  liquidated  damages  for  such  default,  a  certain 
and  definite  sum  for  each  day's  delay  in  completing  the  contract,  after  the  time  therein 
limited  for  its  completion,  which  daily  sum  shall  be  determined  and  fixed  by  said  board 
before  the  contract  for  the  work  shall  be  let,  and  shall  be  stated  in  the  advertisement  for 
proposals  for  the  work,  and  shall  be  inserted  in  the  contract,  and  shall  in  no  case  be  less 
than  one-half  of  one  per  cent  of  the  aggregate  cost  of  the  work  embraced  in  said  con- 
tract. 

Payments  may  be  made  at  intervals  as  the  work  progresses,  but  no  more  than  eighty 
per  cent  of  the  value  of  the  work  actually  done  and  material  furnished  shall  be  paid  at 
any  time  before  the  entire  completion  of  the  work. 

The  board  of  education  shall  have  authority  to  employ  a  competent  person  or  persons 
for  the  supervision  of  the  work. 

In  any  city  of  the  third  and  fourth  class  the  common  council  may  adopt  this  section 
as  provided  in  section  926,  of  the  statutes.     [1911  c.  663  s.  84] 

Estimate  of  expenses.  Section  925 — 119.  1.  The  board  of  education  shall  prior 
to  the  first  day  of  October  each  year  make  an  estimate  of  the  expenses  of  the  public  schools 
for  the  ensuing  year,  including  all  necessary  incidental  expenses  and  the  amount  thereof 
which  it  will  be  necessary  to  raise  by  city  taxation  and  certify  the  same  to  the  city  clerk 
who  shall  lay  the  same  before  the  common  council  at  its  next  regular  meeting.  It  shall  be 
the  duty  of  the  common  council  to  consider  such  estimate  and  by  resolution  determine  the 
amount  to  be  raised  by  city  taxation  for  school  purposes  for  the  ensuing  year,  which 
amount  so  fixed  shall  be  included  in  the  annual  budget  to  be  raised  by  a  tax  called  the  city 
school  tax,  which  shall  be  collected  the  same  as  other  taxes. 

2.  It  shall  be  the  duty  of  the  city  treasurer  to  keep  all  moneys  raised  in  any  way  for 
school  purposes,  whether  by  the  state,  the  county  or  the  city,  coming  into  his  hands  and  to 
pay  out  the  same  whenever  the  board  of  education  shall  present  to  the  city  clerk  a  certified 
bill,  voucher  or  schedule  signed  by  its  president  and  secretary  setting  forth  the  names  of 
the  claimants,  the  amounts  of  each  claim  and  the  purpose  for  which  expended;  such  city 
clerk  shall  issue  orders  upon  the  city  treasurer,  who  shall  pay  the  amounts  thereof,  pro- 
vided that  funds  are  on  hand  in  the  city  treasury  appropriated  for  school  purposes  suffi- 
cient to  pay  the  same. 

3.  Provided  that  in  any  city  adopting  this  chapter,  if  at  the  time  of  such  adoption  the 
board  of  education  or  school  board  shall  have  power  to  levy  the  city  school  tax  or  the  dis- 
trict school  taxes,  such  power  shall  continue  unaffected  by  this  chapter,  and  this  section 
shall  not  apply  to  such  city  nor  be  in  force  therein  until  specially  adopted  by  a  vote  of 
three-fourths  of  the  members  of  the  council.     [1913  c.  490] 

Tax;  property  subject  to  levy;  collection.  Section  925 — 119m.  1.  In  all  cities  gov- 
erned by  this  subchapter,  having  a  school  system  under  the  provisions  hereof  and  hav- 
ing attached  to  or  connected  with  it  for  school  purposes  territory  outside  of  the  city 
limits,  all  the  taxable  property  within  the  territory  so  attached  to  or  connected  with 
such  city  shall  be  subject  to  be  taxed  for  the  support  and  maintenance  of  the  schools 
of  such  city,  the  same  as  property  within  such  city. 

2.  It  shall  be  the  duty  of  the  city  clerk  of  such  city  in  each  year  to  ascertain  the  rate 
per  cent  which  all  taxes  raised  in  said  year  in  said  city  for  school  purposes  bear  to  the 
assessed  value  of  all  the  property  tax  for  school  purposes  within  such  city  for  that  year, 
and  on  or  before  the  twenty-fifth  day  of  November  in  such  j^ear  in  writing  to  notify  the 
town  clerk  or  clerks  of  the  town  or  towns  in  which  such  attached  or  connected  territory 
is  situated  of  such  per  cent  or  rate  tf:  taxation  in  such  city  for  school  purposes,  and  it 
shall  thereupon  be  the  duty  of  said  town  clerk  or  clerks  and  each  thereof  immediately 
to  carry  out  on  the  tax  rolls  of  such  town  or  towns  respectively  for  such  year  a  tax  for 
school  purposes  of  the- same  per  cent  on  all  taxable  property  within  that  portion  of  their 
respective  towns  so  attached  to  such  city  for  school  purposes  and  such  tax  so  carried  out 
on  such  tax  rolls  is  hereby  declared  duly  levied  and  a  lien  on  such  taxable  property  until 
paid  the  same  as  other  taxes  as  provided  by  law. 

3.  It  shall  be  the  duty  of  the'  treasurer  of  such  town  or  each  such  town  to  collect  said 
tax  in  the  same  manner  as  other  taxes,  and  the  said  treasurer  or  treasurers  respectively 
shall  pay  over  in  each  year  in  full  the  amount  of  taxes  so  carried  out  on  said  rolls  and 
assessed  on  said  property  in  their  towns  respectively  for  the  purposes  of  schools  in  such 
city  to  the  treasurer  of  such  city,  in  the  same  order  and  as  they  are  now  required  by 
law  to  pay  moneys  raised  for  common  school  purposes,  and  return  taxes  collected  for  any 
school  district  whether  such  town  treasurer  has  collected  such  tax  or  not. 

353 


'Chap.  40a  s.  925—142]  [General  City  Charter  Law. 

• 

4.  If  the  taxes  hereby  provided  for  shall  not  be  collected  by  said  treasurer  they  shall 
be  returned  with  and  as  delinquent  taxes  and  their  collection  enforced  in  the  manner  now- 
provided  by  law  for  collecting-  delinquent  taxes.     [1909  c.  177] 

Estimates;  levy.  Section  925—142.  On  or  before  the  first  day  of  October  in  each 
year  the  board  of  public  works,  if  there  be  one,  shall  file  with  the  city  clerk  a  detailed 
statement  of  the  amount  of  money  that  will  be  required  for  the  ensuing  fiscal  year  in  such 
department,  and  the  city  comptroller  or  the  officer  performing  his  duties  shall  likewise 
file  a  statement  of  the  amount  required  by  the  police  and  fire  departments,  the  general 
and  library  fund,  and  for  the  purpose  of  paying  interest  for  the  ensuing  year  on  the 
public  debt  and  five  per  cent  of  the  principal  thereof.  The  city  clerk  shall  place  such 
estimates  before  the  council  at  its  next  regular  meeting,  and  the  council  shall  thereupon 
by  resolution,  levy  such  sums  of  money  as  may  be  sufficient  for  the  several  purposes  for 
-which  taxes  are  authorized  not  exceeding  the  amount  provided  by  section  925 — 142a. 
And  in  making  such  levy  they  shall  take  into  consideration  the  estimated  amount  that 
will  be  received  by  the  city  during  the  fiscal  vear  from  licenses  or  from  any  other  source. 
[1907  c.  US] 

Limitation.  Section  925 — 142a.  The  common  council  shall  have  power  to  levy  an- 
nually such  sum  or  sums  of  money  as  may  be  sufficient  for  the  several  purposes  for 
which  taxes  are  authorized  to  be  levied  and  to  apportion  the  same  into  such  funds  for 
city  or  ward  purposes  as  they  may  provide  by  ordinance  or  resolution ;  provided,  a  tax 
levied  for  any  one  year  for  municipal  purposes,  together  with  the  tax  required  to  be 
levied  for  state,  county,  county  school  and  school 'district  purposes,  and  for  delinquent 
taxes  for  the  preceding  year,  shall  not  exceed  three  and  one-half  per  cent  of  the  assessed 
value  of  the  real  and  personal  property  in  the  city  in  that  year.     [1907  c.  118] 

•Council;  powers;  duties;  president;  quorum;  vote.  Section  925m — 308.  6.  Upon  the 
first  Tuesday  in  May  following  the  reorganization  of  any  city  as  provided  for  in  sections 
925m — 301  to  925m — 319,  inclusive,  and  annually  thereafter,  the  council  shall  select  from 
among  their  number  someone  to  act  as  a  member  of  each  of  such  boards  and  commissions, 
including  the  board  of  education.  Such' members  so  selected  shall  have  all  the  power  and 
authority  vested  by  law  in  any  other  member  of  such  board  or  commission,  and  shall  serve 
as  a  member  thereof  so  long  as  he  shall  remain  in  office  or  until  the  council  selects  his 
successor.  In  cities  which  have  heretofore  reorganized  under  the  provisions  of  sections 
925m — 301  to  925/h — 318,  inclusive,  such  selection  shall  be  made  at  the  first  regular  meet- 
ing of  the  council  after  the  passage  and  publication-  of  this  act,  and  annually  thereafter 
-on  the  first  Tuesday  of  May. 

trade  schools. 

Trade  schools ;  establishment.  Section  926 — 22.  Any  city  in  the  state  of  Wisconsin 
or  any  school  district  having  within  its  limits  a  city  desiring  to  establish,  conduct  and 
maintain  a  school  or  schools  for  the  purpose  of  giving  practical  instruction  in  the  useful 
trades  to  young  men  having  attained  the  age  of  fourteen  years  and  young  women  having 
attained  the  age  of  fourteen  years,  as  a  part  of  the  public  school  system  of  such  city,  is 
empowered  to  do  so  by  complying  with  the  provisions  of  sections  926 — 23  to  926 — 30,  in- 
clusive, statutes  of  1898.      [1909  c.  155,  401] 

School  boards  to  control.  Section  926 — 23.  Such'  trade  school  or  schools  shall  be 
under  the  supervision  and  control  of  the  school  boards  of  the  respective  cities  or  school 
districts  in  which  they  may  be  located.     [1907  c.  122] 

Power  of  board;  enrolment.  Section  926 — 24.  The  school  board  of  every  such  city 
or  school  district  is  given  full  power  and  authority  to  establish,  take  over  and  maintain 
a  trade  school  or  schools,  equip  the  same  with  proper  machinery  and  tools,  employ  a  com- 
petent instructor  or  instructors,  and  give  practical  instruction  in  one  or  more  of  the  com- 
mon trades.  Such  a  trade  school  shall  not  be  maintained,  however,  unless  there  be  an 
average  enrolment  of  at  least  thirty  scholars.      [1907  c.  122] 

Management  of  trade  school.  Section  926 — 25.  Whenever  any  school  board  shall 
have  established  or  taken  over  an  established  trade  school,  such  school  board  may  prepare 
the  courses  of  study,  employ  instructors,  purchase  all  machinery,  tools  and  supplies,  pur- 
chase or  lease  suitable  grounds  or  buildings  for  the  use  of  such  school  and  exercise  the 
same  authority  over  such  school  which  it  now  has  over  the  schools  under  its  charge.  [1907 
c.  122] 

Advisory  committee;  appointment,  qualification,  term,  powers,  vacancy.  Section 
926 — 26.  Whenever  any  school  board  shall  have  established  or  taken  over  an  already  es- 
tablished trade  school  or  schools,  it  may  appoint  an  advisory  committee  to  be  known  as 
the  committee  on  trade  schools,  consisting  of  five  citizens  not  members  of  the  school  board, 
each  of  whom  is  experienced  in  one  or  more  of  the  trades  to  be  taught  in  the  school  or 

354 


Chap.  406  s.  926—27]  [Special  City  Charter  Laws. 

schools,  to  assist  in  the  administration  of  the  trade  school  or  schools  located  in  that  city, 
which  committee  shall  be  appointed  by  the  president  of  such  school  board  with  the  ap- 
proval of  the  majority  of  the  board.  Such  committee  shall  have  authority,  subject  to  the 
approval  and  ratification  of  the  school  board,  to  prepare  courses  of  study,  employ  or  dis- 
miss instructors,  purchase  machinery,  tools  and  supplies,  and  purchase'  or  rent  suitable 
grounds  or  buildings  for  the  use  of  such  trade  schools.  When  any  such  committee  on 
trade  schools  is  appointed,  two  of  its  original  members  shall  be  appointed  for  the  term  of 
one  year,  two  for  the  term  of  two  years,  and  one  for  the  term  of  three  years,  and  there- 
after, as  the  terms  of  these  members  so  appointed  expire,  their  suecessoi's  shall  be  ap- 
pointed each  tor  the  term  of  three  years.  In  case  of  any  vacancy  during  the  term  of  any 
member  of, said  committee,  said  school  board  shall  fill  such  vacancy  by  appointment  for 
such  unexpired  term.      [1909  c.  155] 

Incidental  fees;  sale  of  product.  Skctiox  926 — 27.  Students  attending  any  such 
trade  school  may  be  required  to  pay  for  all  material  consumed  by  them  in  their  work  in 
such  school  at  cost  prices  or  in  lieu  thereof  the  school  board  may  establish  a  fixed  sum  to 
be  paid  by  each  student  in  each  course  which  sum  shall  be  sufficient  to  cover,  as  nearly  as 
may  be,  the  cost  of  the  material  to  be  consumed  in  such  course;  any  manufactured  articles 
made  in  such  school  may  be  disposed  of  at  the  discretion  of  the  school  board,  and  the  pro- 
ceeds shall  be  paid  into  the  trade  school  fund.      [1907  c.  122] 

Tax  for  trade  school  fund.  Section  926—28.  Whenever  any  such  school  board 
shall  have  decided  to  establish  a  trade  school  or  schools,  or  to  take  over  one  already  estab- 
lished, under  the  provisions  of  sections  926 — 22  to  926—30,  inclusive,  of  the  statutes,  a 
tax,  not  exceeding  three-tenths  of  a  mill  upon  the  dollar  on  the  total  assessed  valuation  of 
all  property,  real  and  personal,  of  such  city,  subject  to  taxation,  shall  be  levied,  upon  the 
requisition  of  the  school  board,  as  other  school  taxes  are  levied  in  such  city;  the  fund 
derived  from  such  taxation  shall  be  known  as  the  "trade  school  fund,"  shall  be  used  in  es- 
tablishing and  maintaining  a  trade  school  or  trade  schools  in  such  city,  shall  not  be  di- 
verted or  used  for  any  other  purpose  whatsoever,  and  may  be  disposed  of  and  disbursed 
by  the  school  board  of  such  city  in  the  same  manner  and  pursuant  to  the  same  regula- 
tions governing  the  disposition  and  disbursement  of  regular  school  funds  by  such  boards. 
[1911  c.  661  s.  8] 

Temporary  transfers  from  regular  school  funds.  Section  926 — 29.  Any  school  board 
desiring  to  avail  itself  of  the  provisions  of  this  act,  may,  before  the  trade  school  fund 
herein  provided  for  becomes  available,  establish,  take  over,  equip  and  maintain  a  trade 
school  or  schools  out  of  the  regular  school  funds  which  may  be  at  the  disposal  of  such 
school  board,  provided,  however,  that  all  moneys  used  for  these  purposes  out  of  the  regular 
school  funds  shall  be  refunded  within  three  years  from  the  trade  school  fund.  [1907 
c.  122] 

Vote  for  and  against  establishment;  board  to  act  in  absence  of  petition  for  vote. 
Section  926 — 30.  1.  When  the  school  board  of  any  city  of  the  second,  third  or  fourth 
class,  or  the  school  board  of  any  school  district  having  within  its  limits  such  a  city,  shall 
determine  to  establish,  take  over,  conduct  or  maintain  such  trade  school,  it  shall  publish 
notice  of  its  intention  so  to  do  with  a  copy  of  the  resolution  or  order  expressing  such  de- 
termination once  each  week  for  four  successive  weeks  in  a  newspaper  published  in  said 
school  district  and  shall  take  no  further  steps  in  said  matter  until  the  expiration  of  thirty 
days  from  the  date  of  the  first  publication. 

2.  If  within  such  thirty  days  there  shall  be  filed  with  the  clerk  of  such  city  a  petition 
signed  by  a  number  of  electors  of  the  school  district  equal  to  twenty  per  centum  of  the 
number  of  votes  cast  in  said  city  at  the  last  municipal  election  praying  that  the  question 
of  the  establishment,  taking  over,  conduct  and  maintenance  of  such  trade  school  shall  be 
submitted  to  the  vote  of  the  electors  of  such  school  district,  the  city  clerk  shall  at  the 
earliest  opport unity  lay  such  petition  before  the  common  council.  The  common  council 
shall  thereupon  at  its  next  regular  meeting  by  resolution  or  ordinance  direct  the  city  clerk 
to  call  a  special  election  for  the  purpose  of  submitting  such  question  to  the  electors  of 
such  city  and  school  district. 

3.  Such  election  shall  be  noticed  and  conducted  and  canvassed  in  accordance  with  the 
provisions  of  section  943,  of  the  statutes.  All  electors  within  the  territory  constituting 
such  school  district,  qualified  to  vote  at  any  election  pertaining  to  school  district  matters 
shall  be  entitled  to  vote. 

4.  If  any  of  said  school  districts  shall  be  beyond  the  limits  of  such  city,  the  city  clerk 
shall  immediately  upon  the  passage  of  the  resolution  or  ordinance  by  the  city  council  or- 
dering such  election,  transmit  a  copy  thereof  to  the  clerk  of  the  town  or  towns  of  which 
such  territorv  is  constituted.     The  clerk  or  clerks  of  said  towns  shall  thereupon  cause  a 

3o.v 


Chap.  40b  s.  926 — 104m.]  [Special  City  Charter  Laws. 

notice  of  such  election  to  be  given  and  such  election  to  be  held  and  canvassed  as  provided 
in  section  943. 

5.  If  a  majority  of  the  ballots  cast  in  such  school  district  shall  be  in  favor  of  the  es- 
tablishment, taking  over,  conducting  or  maintenance  of  such  trade  school,  then  such  board 
shall  proceed  as  heretofore  provided  to  establish,  take  over,  conduct  and  maintain  such 
trade  school.  'But  if  a  majority  shall  vote  against  such  proposition  to  establish,  take  overr 
conduct  and  maintain  a  trade  school,  the  boai'd  shall  take  no  further  steps  towards  such 
end. 

6.  If  no  petition  to  submit  such  proposition  to  establish,  take  over  or  maintain  a 
trade  school  to  the  vote  of  the  electors  shall  be  filed  with  the  city  clerk  within  thirty 
days  after  the  first  publication  of  the  notice  of  the  determination  of  the  school  board  to 
take  such  action,  then  such  school  board  may  proceed  as  hereinbefore  provided  without 
submitting  such  proposition  to  the  electors  of  the  district.     [1911  c.  663  s.  97] 

Cities,  third  class ;  high  school  buildings.  Section  926 — 104m.  The  board  of  educa- 
tion of  any  city  of  the  third  class,  organized  under  a  special  charter  which  authorizes  such 
board  to  purchase  sites  and  erect  high  school  buildings,  may  select  any  such  site  or  erect 
any  such  building  without  restriction  as  to  any  territorial  limitation  that  may  be  contained 
in  the  charter  of  such  city.     [1907  c.  69;  1907  c.  676  s.  2] 

superintendent  of  schools. 

City  superintendent  of  schools;  election;  duties.  Section  926 — 115.  In  all  cities  ex- 
cept cities  of  the  first  class,  there  may  be  elected  by  the  board  of  education  or  the  board 
of  school  commissioners,  a  city  superintendent  of  schools  for  a  term  not  to  exceed  three 
years,  whose  duties  shall  be : 

(1)  To  examine  and  license  teachers  according  to  the  statutes. 

(2)  To  supervise  the  administration  of  the  courses  of  study. 

(3)  To  have  general  supervision  of  the  professional  work  of  the  schools  of  the  city,, 
including  the  holding  of  teachers',  meetings  and  the  promotion  of  pupils. 

Report.  (4)  From  time  to  time  to  make  a  written  report  to  the  board  of  education 
or  board  of  school  commissioners,  as  the  case  may  be,  embodying  such  recommendations 
relative  to  the  employment  of  teachers,  adoption  of  textbooks,  changes  in  the  course  of 
study,  enforcement  of  discipline,  and  such  other  matters  as  said  superintendent  may  deem 
for  the  best  interests  and  welfare  of  the  city  schools. 

Duties;  compensation.  (5)  To  make  such  other  reports  and  to  perform  such  other 
duties  as  the  board  of  education  or  board  of  school  commissioners  may  direct  and  which 
are  not  in  conflict  with  the  provisions  of  this  act.  The  board  of  education  or  the  board  of 
school  commissioners  shall  determine  the  annual  compensation  to  be  paid  said  city  super- 
intendent of  public  schools  from  the  school  funds  of  the  city.      [1909  c.  86] 

Effect  of  statute.  Section  926—116.  Sections  926—115  to  926—117,  inclusive, 
shall  apply  to  all  cities,  except  those  of  the  first  class  in  which  a  city  superintendent 
of  schools  is  elected  or  appointed  by  the  board  of  education  or  the  board  of  school 
commissioners,  and  no  city  superintendent  of  schools  shall  engage  in  any  other  pro- 
fession or  occupation  or  pursuit  for  such  time  or  in  such  manner  as  shall  interfere  with  the 
proper  discharge  of  his  duties  a's  such  superintendent  during  the  term  for  which  he  is 
elected  or  appointed.  A  violation  of  any  of  the  provisions  of  this  section  shall  subject 
the  offender  to  removal  from  office;  provided,  that  nothing  in  sections  926 — 115  to  926 — 
117,  inclusive,  shall  be  construed  to  bar  any  city  superintendent  of  schools  from  being: 
principal  of,  or  teaching  in  any  school  under  his  supervision,  and  no  person  shall  be  eligi- 
ble to  the  office  of  city  superintendent  of  schools  whose  legal  qualifications  are  not  equiva- 
lent to  those  required  for  the  principalship  of  a  free  high  school  having  a  course  of  study 
requiring  four  years  for  its  completion.      [1911  c.  663  s.  99] 

Officers  of  board;  superintendent  ineligible.  Section  926 — 117.  The  board  of  edu- 
cation or  board  of  school  commissioners  in  all  cities  except  cities  of  the  first  class  shall 
annually  choose  one  of  their  own  number  to  act  as  chairman  and  shall  choose  a  secretaiy 
who  may  or  may  not  be  a  member  of  the  board.  It  shall  be  the  duty  of  said  secretary  to 
be  present  at  each  board  meeting;  to  keep  in  full  in  a  book  provided  for  that  purpose,  the 
minutes  of  such  meeting  and  to  perform  any  other  clerical  duties  under  the  direction  of 
the  board  at  such  compensation  as  the  board  may  fix.  It  is  further  provided  that  said 
city  superintendent  of  schools  shall  not  be  eligible  to  membership  on  the  school  board  nor 
to  act  or  be  elected  as  president  or  chairman  thereof.     [1907  c.  118] 

Superintendent  conventions ;  attendance;  expenses.  Section  926 — 117m.  It  shall  be 
the  duty  of  each  city  superintendent  to  attend  annually  one  convention  called  and  held  by 
the  state  superintendent  for  the  purpose  of  consultation  upon  matters  pertaining  to  the 

356 


Chap.  40b  s.  926— 117o]  [Special  City  Charter  Laws. 

supervision  and  management  of  city  schools.  Each  superintendent  shall  be  reimbursed  his 
actual  and  necessary  expenses  incurred  for  travel,  board  and  lodging  because  of  attend- 
ance upon  such  convention,  such  bills  to  be  audited  and  allowed  by  the  boards  of  education 
upon  presentation  of  an  itemized  statement  of  expense  accompanied  by  a  certificate  of  at- 
tendance signed  by  the  state  superintendent.      [1909  c.  253] 

BOARDS  OF  EDUCATION  IN  SECOND,  THIRD  AND  FOURTH  CLASS  CITIES. 

Referendum.  Section  926 — 117o.  1.  In  any  city  of  the  second,  third  or  fourth 
class  organized  and  operating  under  a  special  charter,  upon  presentation,  to  the  city 
clerk,  of  a  petition  signed  by  electors  thereof,  qualified  to  vote  on  school  matters,  equal  in 
number  to  thirty  per  cent  of  the  votes  cast  in  any  such  city  for  all  candidates  for  state 
superintendent  of  public  instruction  at  the  last  preceding  election  of  such  officer,  request- 
ing that  the  board  of  education  of  such  city  shall  be  elected  pursuant  to  section  926 — 117p 
of  the  statutes,  it  shall  be  the  duty  of  the  city  council  to  submit  such  question  to  the  elec- 
tors of  such  city  at  a  special  election,  duly  called,  noticed  and  held  pursuant  to  the  pro- 
visions of  law  governing  special  elections  in  such  city. 

2.  If  a  majority  of  all  the  votes  cast  upon  such  question  at  such  election  be  in  the  af- 
firmative, then  the  board  of  education  shall  be  elected  in  accordance  with  the  provisions 
of  said  section  926— 117p.     [1913  c.  494] 

Election  of  board.  Section  926 — U7p.  1.  When  the  electors  have  decided  in  the 
affirmative  under  section  926 — 117o,  the  board  of  education  shall  consist  of  seven  members 
elected  at  large  from  the  territory  of  such  city.  The  members  of  such  board  shall  be- 
divided  as  nearly  equal  as  may  be  into  three  classes.  One  class  of  three  members  shall  be' 
elected  for  one  year,  one  class  of  two  members  for  two  years,  and  those  of  the  remaining 
class  for  three  years.  Such  members  shall  be  elected  at  the  annual  spring  election  held  in 
such  city.  The  names  of  the  candidates  for  such  office  shall  be  printed  upon  a  separate 
ballot  under  the  title  "Members  of  the  Board  of  Education." 

-.  At  the  next  annual  spring  election  there  shall  be  elected  seven  members  to  constitute- 
the  board  of  education  for  such  school  district.  All  qualified  electors  within  such  city 
shall  be  entitled  to  vote  for  such  members  of  the  board  of  education  at  such  election. 

3.  AfTthe  first  election  held  for  the  office  of  member  of  the  board  of  education,  the  two- 
persons  receiving  the  highest  number  of  votes  shall  be  elected  for  three  years,  the  two  re- 
ceiving the  next  highest  number  of  votes  shall  be  elected  for  two  years,  and  the  three 
receiving  the  next  highest  number  of  votes  shall  be  elected  for  one  year.  Each  elector- 
voting  at  such  first  election  shall  be  entitled  to  vote  for  seven  candidates.  Thereafter  such 
electors  shall  elect  at  each  spring  election  members  of  the  board  of  education  for  the  term' 
of  three  years.  Each  elector  shall  be  entitled  to  vote  for  as  many  candidates  as  there  are 
members  to  be  elected  and  the  ones  receiving  the  highest  number  of  votes  shall  be  elected!. 

4.  The  votes  cast  at  such  election  shall  be  canvassed  and  return  thereof  certified  to  the- 
common  council.  The  common  council  shall  canvass  the  returns  of  such  election  and  shall 
declare  the  result  thereof  as  for  city  officers. 

5.  The  persons  elected  in  accordance  herewith  shall  constitute  the  board  of  educafion 
of  such  school  district.  The  term  of  office  of  each  such  member  shall  commence  on  the' 
first  day  of  May  following  such  election  and  each  member  shall  hold  office  until  his  suc- 
cessor is  elected  and  qualified.  Vacancies  in  such  board  of  education  shall  be  filled  by 
appointment  by  the  mayor  of  such  city  subject  to  the  approval  of  the  council.  Notices  of 
election  under  this  statute  shall  be  given  as  in  other  elections  in  said  city.     [1913  e.  494] 

Eemoval  of  county  superintendent.  Section  975.  The  judge  of  the  circuit  court 
may,  in  term  time  or  vacation,  by  an  order  specifying  the  cause  thereof,  a  copy  of  which, 
he  shall  certify  to  the  county  clerk,  remove  any  county  superintendent  of  schools  in  his 
circuit  for  incompetency,  wilful  neglect  of  duty  or  for  acting  as  agent  for  or  receiving 
any  fee  or  reward  from  any  author,  publisher,  bookseller  or  dealer  in  school  books,, 
maps  or  charts  or  school  library  books  or  school  furniture  or  apparatus.  Such  removal 
shall  be  made  only  upon  a  petition  setting  forth  fully  the  charges  preferred  against  him, 
and  after  a  copy  thereof,  with  a  notice  attached,  stating  the  time  and  place  when  and 
where  such  petition  will  be  presented  to  such  judge,  shall  have  been  personally  served 
upon  such  superintendent  at  least  thirty  days  before  the  hearing,  and  an  opportunity 
given  him  to  be  heard.  The  testimony  shall  be  taken  and  the  proceedings  conducted  sum- 
marily under  such  reasonable  regulations  as  the  judge  shall  prescribe. 

School  fund  tax.  Section  1072a.  There  is  appropriated  annually  to  the  common 
school  fund  income  an  amount  equal  to  seven-tenths  of  one  mill  for  each  dollar  of  the  as- 
sessed valuation  of  the  taxable  property  in  the  state,  as  determined  by  the  tax  commission,, 
exclusive  of  the  property  of  corporations  which  pav  license  fees,  or  which  are  assessed  for 

357 


Chap.  4S  s.  10726]  [Assessment  of  Taxes. 

taxation  by  the  tax  commission,  to  be  derived  annually  as  follows:  Two  hundred  thousand 
dollars  from  the  license  fees,  or  taxes  paid  by  said  eorporations,-a*nd  the  balance  from  a  tax 
which  shall  be  levied  on  all  other  taxable  property.  The  appropriation  hereby  made  shall 
be  taken  from  the  license  fees  and  taxes  aforesaid  accruing  to  the  state  in  the  month  of 
February  in  each  year,  and  the  amount  thereof  shall  be  disbursed' in  the  manner  and  under 
the  conditions  and  restrictions  provided  for  disbursement  of  the  common  school  fund  in- 
come.     [1913  c.  769  s.  9] 

School  fund  tax;  apportionment.  Section  1072/*.  The  state  superintendent  shall 
apportion  the  school  moneys  each  county  will  be  entitled  to  receive  under  the  provisions 
of  this  section  between  the  tenth  and  fifteenth  days  of  December  in  each  year,  and  certify 
the  apportionment  so  made  to  the  secretary  of  state  and  state  treasurer,  and  he  shall,  at 
the  same  time,  certify  to  each  county  clerk  and  county  treasurer  the  amount  of  said  tax 
to  which  each  town,  city  and  village  in  their  respective  counties  is  entitled.  Upon  receiv- 
ing such  apportionment  the  secretary  of  state  shall  immediately  inform  the  county  clerk 
and  the  county  treasurer  of  the  amount  of  state  school  tax  such  county  will  be  required  to 
levy  and  the  amount  it  will  be  entitled  to  receive  in  return  as  its  portion  of  the  school 
fund  accruing  under  the  provisions  of  this  section.  At  the  same  time  that  taxes  levied 
for  other  state  purposes  are  now  required  to  be  paid  into  the  state  treasury  each  county 
treasurer  shall  pay  over  to  the  state  treasurer  the  school  moneys  arising  under  the  pro- 
visions of  this  section  in  excess  of  the  amount  such  county  is  entitled  to  receive  in  return 
as  its  portion  of  the  state  school  tax.  But  if  a  larger  amount  shall  be  due  any  county 
than  such  county  is  required  to  pay  the  state  treasurer  shall  pay  to  the  treasurer  of  such 
county,  at  the  time  of  the  payment  of  the  state  tax  assessed  against  the  county,  the 
amount  due  the  county  in  excess  of  the  state  school  tax  levied  upon  it.  The  treasurers 
shall,  at  the  time  of  making  a  settlement  between  the  state  and  any  county  on  account  of 
any  state  school  tax  levied  upon  the  county,  exchange  receipts  showing  that  the  full 
amount  assessed  against  the  county  as  a  state  school  tax  has  been  accounted  for  to  the 
state  and,  in  turn,  that  the  amount  due  the  county  on  account  of  a  state  school  tax  has 
been  accounted  for  to  the  county  by  the  state  treasurer;  and  within  ten  days  from  such 
settlement  the  several  county  treasurers  shall  pay  over  to  the  several  town,  city  and  vil- 
large  treasurers  the  amount  to  which  they  are  respectively  entitled  by  the  apportionment 
made  by  the  state  superintendent.  It  is  hereby  declared  to  be  the  true  intent  and  mean- 
ing of  this  section  to  provide  for  an  earlier  distribution  to  the  counties  of  the  moneys 
collected  as  a  state  school  tax  and  that  only  the  balance  that  may  be  due  any  county  i  r 
the  state,  as  the  case  may  be,  shall  he  paid  in  money  at  the  time  of  settling  accounts 
between  the  county  and  the  state,  in  so  far  as  they  relate  to  the  state  school  tax.  [1907 
c.  11-] 

County  tax  rate;  maximum,  one  per  cent.  Sectiox  1074.  1.  The  county  board 
shall  also,  at  such  meeting,  determine  by  resolution  the  amount  of  taxes  to  be  levied  in 
their  county  for  county  purposes  for  the  year,  and  also  the  amount  to  be  raised  by  tax- 
in  each  town  for  the  support  of  common  schools  for  the  ensuing  year,  which  shall  not 
in  any  town  be  less  than  the  amount  apportioned  to  such  town  in  the  last  apportionment 
of  the  income  of  the  school  fund;  ami  by  separate  resolution  adopted  by  majority  of  t lie 
members  of  the  board  not  prohibited  from  voting  thereon  by  section  703,  determine  the 
amount  of  tax  to  be  levied  to  pay  the  compensation  and  allowances  of  the  county  super- 
intendents of  schools  and  designate  therein  the  cities  exempt  from  taxation  therefor. 

2.  The  total  amount  of  county  taxes  assessed,  levied  and  carried  out  against  the  tax- 
able property  of  any  county  in  any  one  year  shall  not  exceed  in  the  whole  one  per  centum 
of  the  total  valuation  of  said  county  for  the  preceding  year  as  fixed  by  the  state  board  of 
equalization,  excepting  in  so  far  as  a  larger  per  centum  may  be  necessary  in  order  to 
meet  indebtedness  incurred  prior  to  the  passage  and  publication  of  this  act.  [1907  c.  11^. 
430} 

Omitted  tax.  Section  10/5.  Whenever  the  county  board  of  any  county  shall  fail 
to  apportion  against  any  town,  city  or  village  thereof  in  any  year  any  state,  county  or 
school  lax  or  any  part  thereof  properly  chargeable  thereto,  such  county  board  shall,  in 
any  succeeding  year,  apportion  such  taxes  against  such  town,  city  or  village  and  add  the 
proper  amount  thereof  to  the  amount  of  the  current  annual  tax  then  apportioned  thereto. 

COMMUNICABLE  DISEASES  IN*   SCHOOL  DISTRICTS. 

Notice  to  teachers;  duties  of  teachers  and  health  officers.  Section  1408«.  Upon 
the  appearance  of  any  dangerous  communicable  disease  in  any  school  district  it  shall  be 
the  duty  of  the  health  officer  of  the  township,  incorporated  village,  or  city  where  the 
schoolhouse  is  located  to  notify  at  once,  in  writing,  the  principal  or  teacher  of  such  school, 

358 


Chap.  56  s.  14086]  [  State  Board  of  Health. 

giving  the  names  of  all  families  where  the  disease  exists.  If  the  miles  of  the  state  board 
of  health  provide  far  the  exclusion  from  school  of  teachers,  or  pupils  from  homes  where 
such  disease  exists,  the  health  officer  shall  request  the  principal  of  the  school  to  exclude 
from  school  attendance  all  such  persons  until  a  written  order  signed  by  the  health  officer 

permitting  attendance  al   school  is  presented. 

Whenever  the  principal  or  teacher"  of  the  school  has  been  notified  of  the  prevalence 
of  a  dangerous  communicable  disease  in  the  school  district,  or  whenever  the  principal  or 
teacher  of  the  school  knows  or  suspects  that  a  dangerous  communicable  disease  is  present 
in  the  school  district,  it  shall  be  the  duty  of  such  principal  to  at  once  notify  the  health 
officer  of  the  town,  village,  or  city  where  the  schoolhouse  is  located,  of  such  absence  from 
school  on  account  of  sickness.  The  health  officer  must  then  investigate  all  such  eases,  to 
determine  whether  or  not  a  dangerous  communicable  disease  is  present  in  such  family. 
[1911  c.  44] 

Duty  of  parents.  Section  1408b.  Parents,  guardians,  or  persons  having  custody 
of  any  child  or  children,  shall  not  permit  such  child  or  children,  if  afflicted  with  a  dan- 
gerous communicable  disease,  or  if  they  have  been  exposed  to  a  dangerous  communicable 
disease,  except  tuberculosis  and  typhoid  fever,  to  attend  any  school.      [1911  <■.  44] 

Disinfection  of  schools  and  homes.  Section  1408c.  All  schoolhouses,  before  school 
opens  at  the  beginning  of  each  school  term,  shall  be  thoroughly  cleaned  and  after  the  out- 
break in  such  school  of  any  contagious  disease,  shall  be  thoroughly  cleaned  and  disinfected 
as  provided,  by  the  state  board  of  health  in  its  rules  and  regulations  for  the  fumigation 
and  disinfection  of  homes,  or  other  buildings.  All  schoolhouses,  homes,  and  other  build- 
ing requiring  disinfection  shall  be  disinfected  by  or  under  the  direction  of  the  local  health 
officer,  and  the  expenses  necessarily  incurred  shall  be  paid  for  by  the  township,  incor- 
porated village,  or  city  upon  the  order  of  the  local  board  of  health.      [1911  c.  11] 

Penalty.  Section  140S<7.  Neglect  or  refusal  on  the  part  of  any  principal  or  teacher 
to  comply  with  the  requirements  of  this  law  shall  be  considered  sufficient  cause  for  dis- 
missal from  school  by  the  school  board.      [1911  c.  44] 

Smallpox;  certain  pupils  may  be  barred  from  school.  Section  1413/.  To  prevent 
the  spread  of  smallpox  the  local  board  of  health  of  any  city,  incorporated  village  or 
town  when  the  disease  is  present  in  any  school  district  or  part  thereof,  which  is  in- 
cluded in  such  city,  incorporated  village  or  town,  shall  prohibit  the  attendance  at  school 
in  any  such  district  or  part  thereof  for  a  period  of  twenty-five  days,  after  the  appear- 
ance of  smallpox,  of  any  and  all  pupils  and  teachers,  who  have  not  been  successfully 
vaccinated  or  who  fail  to  show  a  certificate  of  recent  vaccination.      [1907  c.  113] 

Renewal  of  exclusion.  Section  1413m.  Should  new  cases  of  smallpox  continue  to 
develop  in  such  school  district  or  part  thereof,  after  the  expiration  of  twenty-five  days, 
the  local  board  of  health  shall  upon  the  advice  and  consent  of  the  state  board  of  health, 
renew  such  order  for  another  period  of  twenty-five  days  or  so  many  days  thereof  as  the 
state  board  of  health  may  deem  necessary,  in  order  to  control  the  epidemic.      [1907  c.  113] 

Free  vaccination.  Section  1413».  If  the  parents  or  guardians  of  any  child  or 
children  are  unable  to  pay  for  such  vaccination  the  expense  thereof  shall  upon  the  rec- 
ommendation of  the  local  board  of  health  be  paid  for  by  the  city,  village  or  town  in 
which  such  expense  is  necessarily  incurred.  The  local  board  may  provide  for  the  free 
vaccination  of  all  children  in  any  school  district  or  part  thereof  during  an  epidemic 
of  smallpox  whenever  in  its  judgment  such  action  is  required.  The  necessary  expense 
thereof  to  be  paid  by  the  city,  incorporated  village  or  town  upon  the  order  of  the  local 
board  of  health.      [1907  c.  113] 

Inspection  of  schoolhouses.  Section  141S5.  It  shall  be  the  duty  of  the  proper 
officer  or  officers  of  boards  of  health  organized  under  and  by  virtue  of  general  or  special 
law,  to  inspect  the  schoolhouses  and  public  buildings  within  the  district  over  which  the 
board  appointing  such  officer  has  jurisdiction,  with  sufficient  frequency  to  determine 
whether  such  buildings  are  kept  in  a  sanitary  condition.  And  the  board  of  health  of  any 
village  or  town  may  take  such  measures  and  niake  such  rules  and  regulations  as  they  may 
deem  most  effectual  for  the  preservation  of  public  health  and  to  carry  out  the  purposes 
of  this  act ;  and  for  that  purpose  all  the  powers  now  conferred  on  boards  of  health  in  cases 
of  contagious  diseases  are  hereby  conferred.      [1901 .  v.  118] 

Common  drinking  cup  prohibited.  Section  1418/.  1.  It  shall  be  unlawful  for  any 
person,  firm  or  corporation  to  furnish,  or  to  permit  the  use  of,  the  common  drinking  cup 
on  railroad  trains,  in  railroad  stations,  in  any  state  or  other  public  building,  on  the  streets 
or  in  public  parks,  in  the  public,  parochial  or  private  schools  or  in  other  educational  in- 
stitutions, in  hotels  and  lodging  houses,  theaters,  department  stores,  barber  shops  or  in 
such  other  places  or  buildings  in  the  state  as  the  state  board  of  health  may  find  the  use 
therein  of  the  common  drinking  cup  to  be  inimical  to  the  public  health. 

359 


Chap.  57  s.  1418 w]  [Preservation  of  Public  Health. 

2.  Any  person,  firm  or  corporation,  owning  or  having  the  management  or  control  of 
such  railroads,  buildings,  schools  or  educational  institutions  or  o'f  such  places  or  buildings 
in  which  the  state  board  of  health  may  find  the  use  of  the  common  drinking  cup  to  be  in- 
imical to  the  public  health,  as  provided  in  this  section,  violating  any  of  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  punished  bv  a  fine  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars.  [1913 
c.  158] 

Sweeping  in  public  places.  Section  1418  a-.  1.  It  shall  be  unlawful  for  any  person, 
firm  or  corporation  to  sweep,  or  permit  the  sweeping,  except  when  vacuum  cleaners  or 
properly  filled  reservoir  dustless  brushes  are  used,  of  floors  in  railroad  stations,  in  pas- 
senger cars,  in  any  state  or  public  building,  in  the  public,  parochial  or  private  schools,  or 
in  other  educational  institutions,  in  hotels,  department  stores,  where  the  public  are  invited, 
unless  the  floor  is  first  sprinkled  with  water,  moist  sawdust,  or  other  substance  so  as  to 
prevent  the  raising  of  dust. 

2.  Any  person,  firm  or  corporation  owning,  or  having  the  management  or  control  of 
such  railroad  stations,  state  or  public  buildings,  public,  parochial  or  private  schools,  hotels, 
department  stores,  where  the  public  are  invited,  who  violates  any  of  the  provisions  of  this 
section,  shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  of  not 
less  than  ten  dollars  nor  more  than  fifty  dollars.     [1913  c.  274] 

School  no  license  circles;  new  and  old  licenses.  5.  From  and  after  June  30,  1905, 
anything  contained  in  any  city  charter  to  the  contrary  notwithstanding,  no  such  license 
shall  be  granted  to  any  person  or  persons  for  the  sale  of  any  such  liquors  in  any  build- 
ing, booth  or  other  place  for  which  a  license  is  not  in  force  on  the  thirtieth  day  of  June, 
1905,  within  a  distance  of  three  hundred  feet  of  any  public  or  permanently  established 
parochial  school  grounds,  said  distance  to  be  measured  upon  the  streets  from  the  bound- 
aries of  the  school  grounds.  Whenever  after  January  1,  1908,  a  list  of  all  the  parents 
and  laAvful  guardians  of  the  children  enrolled  as  pupils  of  any  public  school  or  perma- 
nently established  parochial  school,  together  with  a  remonstrance  in  writing,  signed  and 
acknowledged  before  a  notary  public  by  a  majority  of  such  parents  and  lawful  guard- 
ians, is  filed  with  the  city,  village  or  town  clei'k,  as  the  case  may  be,  describing  certain 
premises  for  which  a  license  had  previously  been  issued  within  three  hundred  feet  of  the 
grounds  of  said  public  or  parochial  school  (the  distance  to  be  measured  as  aforesaid) 
and  demanding  that  no  license  be  granted  for  the  sale  of  intoxicating  liquors  on  such 
premises,  no  such  license  shall  thereafter  be  granted  to  any  person  for  the  sale  of  such 
liquors  on  such  premises.     [Section  1548.] 

Washington's  and  Lincoln's  birthday  observance.  Section '2577.  The  first  day  of 
January,  the  twenty-second  day  of  February,  the  fourth  day  of  July,  the  twenty-fifth  day 
of  December,  the  thirtieth  day  of  May,  the  day  appointed  by  the  governor  as  labor  day. 
or  by  him  or  the  president  of  the  United  States  as  a  day  of  public  thanksgiving  in  each 
year,  and  the  day  of  holding  the  general  election  are  legal  holidays';  and  whenever  any  of 
said  days  shall  fall  on  Sunday  the  succeeding  Monday  shall  be  the  legal  holiday;  provided, 
however,  that  appropriate  special  exercises  may  be  held  in  all  schools  for  one-half  day  on 
February  12  and  on  February  22.     [1913  c.  761] 

Injury  to  public  property.  Section  4442.  Any  person  who  shall  cut  down,  injure 
or  destroy  any  tree  or  timber  growing  or  standing  upon  land  belonging  or  mortgaged  to 
or  held  in  trust  by  the  state,  or  who  shall  take  and  carry  away  any  timber  or  wood  so  cut 
or  severed,  or  previously  cut  or  severed  and  remaining  upon  such  land,  or  who  shall  take 
or  carry  away  any  mineral,  earth  or  stone  from  such  land,  or  who  shall  wilfully,  ma- 
liciously or  wantonly  cut  down,  injure  or  destroy  any  tree  or  timber  growing  or  standing 
upon  land  belonging  or  mortgaged  to  or  held  in  trust  by  any  county  in  the  state,  or  take 
and  carry  away  any  timber  or  wood  so  cut  or  severed,  or  previously  cut  or  severed  and 
remaining  upon  such  land,  or  who  shall  so  dig  or  carry  away  any  mineral,  earth  or  stone 
from  such  land,  or  mutilate,  deface,  injure  or  destroy  any  building  or  other  structure  be- 
longing to  the  state  or  to  any  county,  town,  city,  village,  school  district,  or  school  board, 
board  of  trustees,  corporation,  company  or  association  and  used  for  religious,  educational, 
penal,  correctional,  charitable  or  other  public  purposes,  or  any  building  or  personal  prop- 
erty whatever  of  any  person  or  copartnership,  or  who  shall  enter,  without  right,  any  agri- 
cultural or  industrial  fairgrounds  inclosed  by  a  fence  not  less  than  six  feet  high  and 
injure  or  destroy  any  property  therein,  shall  be  punished  by  imprisonment  in  the  county 
jail  not  more  than  six  months  or  by  fine  not  exceeding  one  hundred  dollars. 


360 


Chap.  185  s.  4549]  [Offenses  Against  Public  Policy. 


OFFICIAL   MALFEASANCE. 

Public  officers;  malfeasance;  penalty.  Section  4549.  Any  officer,  agent  or  clerk 
of  the  state  or  of  any  county,  school  district,  school  board  or  city  therein,  or  in  the  em- 
ployment thereof,  or  any  member  of  any  town  board  or  village  board,  or  any  officer,  re- 
gent, treasurer,  secretary,  superintendent,  clerk  or  agent  of  any  penal,  correctional,  educa- 
tional or  charitable  institution  instituted  by  or  in  pursuance  of  law  within  this  state,  or 
any  member  of  any  body  or  board  having  charge  or  supervision  of  such  institution  who 
shall  have,  reserve  or  acquire  any  pecuniary  interest,  directly  or  indirectly,  present  or 
prospective,  absolute  or  conditional,  in  any  way  or  manner,  in  any  purchase  or  sale  of  any 
personal  or  real  property  or  thing  in  action,  or  in  any  contract,  proposal  or  bid  in  rela- 
tion to  the  same,  or  in  relation  to  any  public  service,  or  in  any  tax  sale,  tax  title,  bill  of 
sale,  deed,  mortgage,  certificate,  account,  order,  warrant  or  receipt  made  by,  to  or  with 
him  in  his  official  capacity  or  employment,  or  in  any  public  or  official  service,  or  who  shall 
make  any  contract  or  pledge,  or  contract  any  indebtedness  or  liability,  or  do  any  other 
act  in  his  official  capacity  or  in  any  public  or  official  service  not  authorized  or  required  by 
law,  or  who  shall  make  any  false  statement,  certificate,  report,  return  or  entry  in  any  book 
of  accounts  or  of  records  in  respect  to  anything  done  or  required  to  be  done  by  him  offi- 
cially, or  in  any  public  or  official  service,  or  who  shall  ask,  demand  or  exact  for  the  per- 
formance of  any  service  or  duty  imposed  upon  him  by  law  any  greater  fee  than  is  allowed 
by  law  for  the  performance  of  such  service  or  duty,  shall  be  punished  by  imprisonment 
in  the  county  jail  not  more  than  one  year,  or  in  the  state  prison  not  more  than  five  years, 
or  by  fine  not  exceeding  five  hundred  dollars ;  but  the  provisions  of  this  section  shall  not 
apply  to  the  designation  of  public  depositories  for  public  funds,  nor  to  the  publication  of 
legal  notices  required  to  be  published  by  any  town,  village  or  county,  or  by  any  town,  vil- 
lage or  county  officer,  at  a  rate  not  higher  than  that  prescribed  by  law,  nor  to  contract  for 
the  sale  of  printed  matter  or  any  other  commodity,  not  exceeding  one  hundred  dollars  in 
any  one  year.     [1915  c.  268,  612] 

Discounting  claims;  neglect  of  duty.  Section  4550.  Any  person  mentioned  in  sec- 
tion 4549  who  shall  pay,  redeem,  discount  or  purchase  any  debt,  claim  or  demand  in  favor 
of  any  other  person,  against  the  state,  or  any  county,  town,  school  district,  school  board, 
city  or  village  therein,  or  against  any  fund  thereof  below  the  true  and  full  amount  thereof, 
or  who  shall  pay  any  such  debt,  claim  or  demand  for  any  purpose  out  of  any  fund  not 
provided  for  such  purpose,  or  who  shall  wilfully  violate  any  provision  of  law  authorizing 
or  requiring  anything  to  be  done  or  prohibiting  anything  from  being  done  by  him  in  his 
official  capacity  or  employment,  or  who  shall  refuse  or  wilfully  neglect  to  perform  any 
duty  in  his  office  required  by  law,  or  shall  be  guilty  of  any  wilful  extortion,  wrong  or  op- 
pression therein  shall  be  punished  by  imprisonment  in  the  county  jail  not  more,  than  one 
year  or  by  fine  not  exceeding  five  hundred  dollars.     [1913  c.  773  s.  64] 

Refusal  to  deliver  money,  etc.,  to  successor.  Section  4553.  Any  public  officer 
whatever,  in  this  state,  who  shall,  at  the  expiration  of  his  term  of  office,  refuse  or  wil- 
fully neglect  to  deliver,  on  demand,  to  his  successor  in  office,  after  such  successor  shall 
have  been  duly  qualified  and  be  entitled  to  said  office  according  to  law,  all  moneys, 
records,  books,  papers  or  other  property  belonging  to  said  office  and  in  his  hands  or 
under  his  control  by  virtue  thereof,  shall  be  punished  by  imprisonment  in  the  county 
jail  not  more  than  six  months  or  by  fine  not  exceeding  one  hundred  dollars. 

Disturbing  school.  Section  4572.  Any  person  who  shall  wilfully,  maliciously  or 
wantonly  interrupt  or  in  any  way  molest  or  disturb  any  private  or  public  school  while  in 
session  shall  be  punished  by  imprisonment  in  the  county  jail  not  more  than  thirty  days 
or  by  fine  not  exceeding  fifty  dollars. 

Minors  not  to  play  billiards,  etc.  Section  4575.  Anjr  owner  or  keeper  of  any 
billiard  table,  pool  table,  pigeonhole  table  or  bowling  alley  kept  for  gain,  or  any  agent  or 
servant  of  such  owner  or  keeper  in  charge  thereof  who  shall  allow  or  in  any  manner  per- 
mit any  minor  to  play  any  game  thereon  shall  be  punished  by  imprisonment  in  the  county 
jail  not  more  than  ten  days  or  by  fine  not  exceeding  twenty-five  dollars. 

Circulation  of  obscene  books,  etc. ;  search  warrant.  Section  4590.  Any  person 
who  shall  import,  print,  publish,  sell  or  distribute  or  give  away  any  book  or  pamphlet, 
ballad,  printed  paper  or  other  thing  containing  obscene  language,  prints,  pictures,  figures 
or  descriptions  manifestly  tending  to  the  corruption  of  the  morals  of  youth,  or  shall  in- 
troduce into  any  family,  school  or  place  of  education,  or  shall  buy,  procure,  receive  or 
have  in  his  possession  any  such  book,  pamphlet,  ballad  or  printed  paper  or  other  thing, 
either  for  the  purpose  of  loan,  sale,  exhibition  or  circulation  or  giving  away,  or  with 
intent  to  introduce  the  same  into  any  familv,  school  or  place  of  education  shall  be  pun- 

361 


Chap.  187  s..4608e]  [Offenses  Against  Public  Health.-, 

ished  by  imprisonment  in  the  county  jail  not  more  than  one  year  or  by  fine  not  exceeding- 
five  hundred  dollars;  and  a  search  warrant  may  be. issued  by  any  justice  of  the  peace,  as 
in  case  of  stolen  or  embezzled  property,  for  search  for  any  sncli  obscene  literature,  mat- 
ter or  thing-,  and  when  found  may  be  used  in  evidence  and  then  destroyed  by  order  of  the 
court  in  which  any  case  arising  under  this  section  shall  be  tried.  • 

Any  person  who  shall,  in  a  public  place,  or  on  any  fence  or  wall,  or  other  surface, 
contiguous  to  the  public  street  or  highway,  or  on  the  floor,  or  ceiling,  or  on  the  inner  or 
outer  wall,  closet,  room,  passage,  hall,  or  any  part  of  any  hotel,  inn,  or  tavern,  court- 
house, church,  school,  station  house,  depot  for  freight  or  passengers,  capitol  or  other 
buildings  devoted  or  open  to  other  or  like  public  uses,  or  on  the  Avails  of  any  outbuildings, 
or  other  structure  pertaining  thereto,  make  or  cause  to  be  made  any  obscene  drawing,  or 
picture,  or  obscene  or  indecent  writing,  or  print,  liable  to  be  seen  by  others  passing,  or 
coming  near  the  same,  such  person  so  offending,  shall  in  every  such  ease,  be  guilty  of  a 
misdemeanor,  and,  on  conviction  thereof,  shall  be  punished  by  imprisonment  in  the  county 
jail  not  to  exceed  one  year  or  by  fine  not  exceeding  five  hundred  dollars. 

Any  person  or  persons,  who  shall  put  up,  in  any  public  place,  any  indecent,  lewd  or 
obscene  picture  or  character,  representing  the  human  form  in  a  nude  or  seminude  con- 
dition, or  shall  advertise  by  circulars  or  posters  any  indecent,  lewd  or  immoral  show, 
play  or  representation,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  fined  not  less  than  twenty-five  dollars,  nor  more  than  three  hundred  dol- 
lars; provided,  that  nothing  in  this  act  shall  be  construed  as  to  interfere  with  purely 
scientific  works,  written  on  the  subject  of  sexual  physiology  or  works  of  art. 

Any  person  who  shall  sell,  lend,  give  away,  or  show,  or  shall  have  in  his  possession 
with  intent  to  sell,  give  away,  or  show,  or  shall  advertise  or  otherwise  offer  for  loan,  gift 
or  distribution,  any  book,  pamphlet,  magazine,  newspaper,  or  other  printed  paper  de- 
voted principally  to  the  publication  of  criminal  news,  police  reports,  or  accounts  of  crim- 
inal deeds,  or  pictures  and  stories  of  deeds  of  bloodshed,  lust  or  crime,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  shall  be  sentenced  to  pay  a  fine  of  not  less 
than  fifty  nor  more  than  five  hundred  dollars.     [1907  c.  118] 

Sale  of  tobacco  to  minors.  Section  4608c.  Any  person  who  shall  sell  or  give  to 
any  minor  a  cigar,  cigarette  or  other  tobacco  in  any  form,  after  having  been  forbidden 
to  so  do  by  the  parent  or  guardian  of  such  minor,  shall  be  punished  by  fine  of  not  more 
than  twenty-five  dollars  nor  less  than  ten  dollars. 

Sale,  manufacture,  or  giving  away  of  cigarettes  and  cigarette  papers  prohibited; 
penalty.  Section  4608/1.  1.  Any  person  who  shall,  by  himself,  his  servant  or  agent,  or 
as  the  servant  or  agent  of  any  other  person,  directly  or  indirectly,  or  upon  any  pretense, 
or  by  any  device,  sell,  give  away  or  otherwise  dispose  of  to  any  minor  any  cigarettes,  cigar- 
ette paper  or  cigarette  wrappers,  or  any  substitute  therefor,  or  any  paper  made  or  pre- 
pared for  the  purpose  of  making  cigarettes  or  any  substitute  therefor,  or  for  the  purpose 
of  being  filled  with  tobacco  for  smoking  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  in  the  manner  hereinafter  provided. 

2.  It  shall  be  unlawful  for  any  person,  firm,  or  corporation,  in  any  manner,  directly  or 
indirectly,  upon  any  pretense,  or  by  any  device,  to  manufacture,  sell,  exchange,  barter, 
dispose  of  or  give  away,  or  keep  for  sale  any  cigarettes,  cigarette  paper  or  cigarette  wrap- 
pers, or  any  paper  made  or  prepared  for  the  purpose  of  being  filled  with  tobacco  without 
first  obtaining  a  license  therefor,  as  hereinafter  provided. 

:!.  License  for  the  manufacture,  sale,  exchange,  barter,  disposition  of  or  giving  away 
or  keeping  for  sale  of  cigarettes,  cigarette  paper,  or  cigarette  wrappers  made  or  prepared 
for  the  purpose  of  being  filled  with  tobacco  for  smoking,  shall  be  issued  by  the  city,  vil- 
lage or  (own  clerk,  of  the  city,  village  or  town  wherein  such  right  is  sought  to  be  exercised. 
Every  such  license  shall  be  issued  on  the  first  day  of  July  in  each  year  or  thereafter  when- 
ever applied  for  and  shall  continue  in  force  from  date  of  issuance  until  the  succeeding 
thirtieth  day  of  June,  unless  sooner  revoked  for  a  violation  of  this  section  as  herein  pro- 
vider! . 

4.  Every  person,  firm  or  ci  rporation  desiring  a  license  under  this  section  shall  file  with 
the  city,  village  or  town  clerk  of  the  city,  village  or  town  wherein  such  right  is  sought  to 
be  exercised,  a  written  application  therefor,  stating  the  name  of  the  person  and  the  place 
for  which  such  license  is  desired.  Every  license  shall  be  signed  by  the  city,  village  or 
town  clerk  and  shall  name  the  licensee  and  the  place  wherein  he  is  authorized  to  conduct 
such  business  and  the  same  shall  not  be  delivered  until  the  applicant  shall  produce  and 
file  with  such  clerk  a  receipt  showing  the  payment  of  the  license  fee  of  five  dollars  to  the 
treasurer  of  such  municipality.  In  case  of  a  change  of  ownership  in  any  licensed  location 
the  authority  granting  the  license  may  authorize  a  transfer  of  such  license  to  the  new 
owner. 

362 


Chap.  18/  s  4G08r]  [Offenses  Against  Public  Health. 

5.  Any  person  violating'  any  of  the  provisions  of  subsections  1.  2,  3,  or  4  of  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars  nor  less  than  twenty-five  dollars  for  the  hist  offense  and  by  a 
fine  of  not  more  than  two  hundred  dollars  nor  less  than  twenty-five  dollars  for  the  second 
or  subsequent  offense  or  by  imprisonment  in  the  county  jail  not  exceeding  sixty  days  or 
both  such  fine  and  imprisonment.  A  second  conviction  for  a  violation  of  the  provisions 
of  subsections  1,  2,  3,  or  4  of  this  section  shall  immediately  terminate  the  license  of  the 
person  so  convicted  and  such  person  shall  not  be  entitled  to  another  license  hereunder  for  a 
period  of  five  years  thereafter.  The  provisions  hereof  shall  not  apply  to  the  sales  of  job- 
bers or  manufacturers  doing  an  interstate  business  with  customers  outside  of  the  state. 

6.  Any  minor  being  in  possession  of  any  cigarettes,  cigarette  paper  or  cigarette  wrap- 
pers and  being  asked  by  any  sheriff,  deputy  sheriff,  police  officer,  village  marshal,  truant 
officer,  probation  officer  or  teacher  in  any  school  to  tell  where  or  from  whom  such  cigar- 
ettes, cigarette  paper  or  cigarette  wrappers  were  obtained,  who  shall  refuse  to  furnish  such 
information,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  of  not  more  than  five  dollars.      [1915  c.  139] 

Youths  under  sixteen;  public  smoking  forbidden.  Section  4608r.  Every  person 
who  shall  sell  or  give  to  any  person  under  the  age  of  sixteen  years,  a  cigar,  or  tobacco  in 
any  form,  without  the  written  consent  of  the  parent  or  guardian  of  such  minor,  shall  be 
punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  twenty-five  dollars  for  each 
offense,  and  every  person  under  the  age  of  sixteen  years  who  shall  smoke  or  use  cigarettes, 
cigars  or  tobacco  on  any  public  road,  street,  alley  or  park  or  other  lands  used  for  public 
purposes  or  in  any  public  place  of  business  or  amusement,  except  when  in  the  company 
of  a  parent  or  guardian,  shall  be  punished  by  a  fine  of  not  more  than  ten  dollars  or  by 
imprisonment  for  not  exceeding  thirty  days.      [1913  c.  78]  , 

Premise  owners  who  permit  smoking;  penalty.  Section  4008  »•.  Any  person  who 
shall  permit  any  person  under  the  age  of  sixteen  years  who  shall  not  be  in  the  company 
of  a  parent  or  guardian  to  use  cigai-ettes,  cigars  or  tobacco  in  any  form  in  or  upon  prem- 
ises occupied  by  him,  shall  be  punished  for  the  first  offense  by  a  fine  of  not  more  than  ten 
dollars  and  for  any  subsequent  offense  by  a  fine  of  not  more  than  twenty-five  dollars  or 
by  imprisonment  for  not  exceeding  thirty  days.     [1907  c.  463] 

303 


SCHOOL   LAW   COMMENTS 


The  purpose  of  the  comments  in  this  code  is  to  make  plain  the  application  of  the 
statutes  to  the  management  of  the  affairs  of  schools  and  school  districts.  Every  cor- 
respondent must  at  all  times  keep  in  mind  the  fact  that  his  inquiry  is  accepted  in 
good  faith  and  that  it  is  answered  accordingly.  It  must  also  be  kept  in  mind  that 
the  state  superintendent  can  render  no  formal  or  binding  decision  on  disputed  matters 
of  general  interest  or  district  importance  on  communications  from  one  party  to  the 
controversy  only,  unless  the  other  or  opposing  party  is  duly  notified.  An  opinion  given 
based  on  statements  made  in  an  informal  and  unverified  communication  is  valid  and 
reliable  only  insofar  as  the  statements  fully  present  the  facts  in  the  case  and  exactly 
as  they  exist.  A  hearing  of  both  parties  in  a  controversy  on  statements  made  by  both 
parties,  or  by  one  party  when  the  other  has  been  properly  notified  constitutes  an  ap- 
peal and  forms  a  basis  for  a  binding  decision.  The  department  is  ready  at  all  times 
to  answer  inquiries  and  to  give  information  concerning  school  law  and  school  affairs. 

This  school  code  as  now  arranged  reduces  the  expense  of  printing,  and  the  stat- 
utes are  so  arranged  serially  to  meet,  as  far  as  possible,  the  arrangement  adopted  in 
printing  the  complete  statutes  of  the  state  of  Wisconsin. 

The  sections  numbered  at  the  head  of  each  Comment  refer  usually  to  some  par- 
ticular section.  It  will  also  be  noted  that  the  comments  referring  to  any  particular 
division  of  the  school  laws  may,  under  this  plan,  be  readily  read  together,  and  will 
likely  give  the  reader  a  better  idea  of  the  particular  topic  than  may  otherwise  be 
gathered  by  simply  reading  the  comments  separately  and  as  applying  strictly  to  an 
individual  section.  It  is  hoped  that  this  plan  may  prove  acceptable,  although  at  first 
the  deviation  from  the  plan  of  printing  the  school  laws  for  distribution  to  school  and 
other  officers  during  the  past  years  is  apparently  radical. 


ALTERATION  OF  DISTRICT  BOUNDARIES  AND  CREATION  OP  SCHOOL. 

DISTRICTS. 

Comments — Sections  412  to  424,  inclusive. 

Chapter  531,  laws  of  1915,  providing  for  a  committee  of  three,  styled  The  Com- 
mittee on  Common  Schools,  and  giving  said  committee  certain  powers,  changed  to  a 
certain  degree  the  procedure  to  be  followed  in  all  cases  where  an  alteration  of  school 
district  boundaries  or  the  creation  of  a  school  district  is  concerned  and  an  appeal  is 
taken.  This  chapter  provides  that  in  cases  where  the  supervisors  of  the  town  or 
towns  interested  take  action  under  the  statutes  and  issue  an  order  altering  district 
boundaries  or  forming  a  new  district,  or,  if  said  authorities  refuse  to  issue  an  order, 
an  appeal  may  be  taken  to  the  Committee  on  Common  Schools.  This  committee  in 
order  to  act  upon  an  appeal  must   proceed  in  a  somewhat  formal  manner. 

Supervisors,  village  trustees  and  city  councils  are,  primarily,  under  the  statute, 
bodies  having  power,  jointly  or  severally,  to  create  school  districts  or  to  change  school 
district  boundaries.      The  cases  that  are  likely  to  arise  may  be  classed  as  follows: 

Case  1.  Creation  of  school  districts  from  territory  comprising  all  or  parts  of  en- 
tire districts  lying  wholly  in  the  town. 

Case  2.  Creation  of  districts  from  territory  lying  in  two  or  more  towns  or  other 
municipalities. 

Case  3.  Change  of  boundaries  of  two  or  more  districts  lying  wholly  within  the 
town. 

Case  4.  Alteration  of  the  boundaries  of  a  district  joint  with  two  or  more  towns, 
or  with  one  or  more  towns  and  a  village  or  city. 

The  statutes  relating  to  these  matters  are  not  always  clear  and  capable  of  positive 
construction.      The  courts  adhere  to  the  rule  that  the  commands  of  the  statute  must 

364 


School  Law  Comments. 

be  strictly  followed  in  all  cases  before  a  binding  order  can  be  recorded.  Anyone 
having  to  do  with  school  district  affairs  must  clearly  realize  that  failure  to  comply 
with  the  statutes  and  the  rulings  of  the  court  may  lead  to  tedious,  irritating  and  ex- 
pensive litigation.  The  legislature  in  passing  measures  affecting  school  districts  evi- 
dently desired  that  litigation  and  expense  in  the  management  of  district  affairs  should, 
as  far  as  possible,  be  avoided,  and  by  statutory  enactment  endeavored  to  make  it  pos- 
sible for  the  local  authorities  to  remedy  conditions  without  bringing  hardship  or  ex- 
pense upon  the  inhabitants. 

Case  1.  Creation  of  a  school  district  from  territory  lying  wholly  within  a  town, 
and  not  a  part  of  any  joint  district. 

a.  A  meeting  of  a  majority  of  or  all  the  members  of  the  town  board  of  super- 
visors. 

b.  The  supervisors  may  take  steps  to  call  this  first  or  preliminary  meeting  on 
their  own  motion  and  without  a  request  or  petition  from  anyone.  A  petition  or  re- 
quest giving  the  reason  why  the  new  district  should  be  formed,  signed  by  electors  re- 
siding in  the  territory  which  it  is  proposed  shall  constitute  the  new  school  district,  is, 
however,  always  in  order,  and  will  always  be  welcomed  by  the  supervisors,  inasmuch. 
as  it  serves  as  a  basis  for  their  action.  A  petition  of  this  kind  may  be  signed  also  by 
persons  residing  in  the  territory  which,  if  the  new  district  is  formed,  will  still  remain 
as  a  part  of  the  old  district.  No  regular  form  for  such  a  request  or  petition  is  needed. 
A  simple  statement  of  the  facts  with  the  signatures  of  the  parties  interested  is  suf- 
ficient. 

c.  If  the  supervisors  at  this  first  meeting  decide  to  hold  a  meeting  in  order  to 
take  the  matter  up  for  further  consideration  and  also  for  the  purpose  of  granting  the 
electors  interested  the  privilege  of  being  heard  for  or  against  the  creation  of  the  new 
district,  they  must  write  out  and  sign  a  notice  as  suggested  by  form  No.  8. 

d.  This  notice  must  be  served  upon  the  clerk  of  each  school  district  in  any  way  in- 
terested in  the  proposed  changes  and  it  should  also  .be  served  by  the  district  clerks 
upon  the  treasurers  and  directors  of  all. districts  interested,  in  order  that  the  people 
may  become  informed  of  the  proposed  action  of  the  supervisors. 

e.  The  service  of  this  notice  upon  the  school  officers  must  be  made  at  least  five 
(better  seven  or  eight)  full  days  before  the  time  fixed  in  the  notice  for  the  second 
meeting. 

f.  A  "return"  to  the  effect  that  this  notice  has  been  properly  served  upon  the 
proper  school  clerks  must  be  endorsed  upon  a  copy  of  the  notice  and  filed  in  the  office 
of  the  town  clerk  (or  clerks)  by  the  person  serving  it. 

g.  At  the  time  and  place  fixed  for  the  second  meeting  a  majority  or  all  of  the 
members  of  the  board  of  supervisors  must  be  present  and  the  board  should  organize 
regularly  for  the  transaction  of  business.  Complete  minutes  of  the  proceedings 
should  be  kept.  Notices  should  be  read  for  the  purpose  of  showing  that  the  required 
preliminary  steps  have  been  taken.  It  is  not  necessary  that  the  secretary  or  clerk  of 
this  meeting  should  note  what  is  said  by  persons  who  speak  for  or  against  the  propo- 
sition. He  should,  however,  record  all  the  official  proceedings.  Any  person,  whether 
an  elector  or  not,  desiring  to  be  heard  as  to  the  advisability  of  the  action  under  con- 
sideration, is  privileged  to  make  arguments  for  or  against  the  proposition.  It  must 
be  clearly  recognized  that  this  meeting  is  a  public  meeting,  and  must  be  conducted  in 
an  orderly  manner,  and,  as  far  as  practicable,  according  to  the  common  rules  of  parlia- 
mentary practice. 

h.  After  the  hearing  is  closed  the  supervisors  will  take  up  the  matter  for  final  dis- 
position and  if  a  majority  of  the  supervisors  vote  in  favor  of  forming  a  new  district  a 
formal  order  must  be  issued.      (See  form  No.  1.) 

It  is  also  the  duty  at  this  meeting  for  the  supervisors  to  make  a  division  of  the 
property  (schoolhouse,  site,  equipment  and  money  of  the  old  districts)  and  to  draw 
up  a  notice  to  be  delivered  to  a  taxable  inhabitant  of  the  newly  formed  district.  (See 
form  No.  2.) 

The  following  form  is  suggestive  for  the  "return"  to  be  endorsed  upon  a  copy  of 
this  notice.  This  copy  with  the  names  of  persons  served  written  thereon  or  attached 
thereto  is  to  be  filed  with  the  clerk  of  the  newly  formed  district  when  said  officer  is 
elected. 

I  hereby  certify  that  I  have  notified  the  following  named  persons  (here  give  names 
in  full)  personally,  and  have  also  notified  the  following  named  persons  (here  insert 
names)  by  copy,  according  to  the  within  notice. 

Dated  this day  of ,  19 — . 

(Signed)  , 

(Person  appointed  to  give  notice.) 

(The  division  of  school  property  may  if  deemed  best,  be  deferred  to  a  future  meet- 
ing. ) 

It  must  always  be  understood  that  this  first  district  meeting,  no  matter  when  held, 
is  known  in  law  as  an  annual  meeting  and  consequently  the  business  that  may  be 

365 


School  Law  Comments. 

transacted  by  the  electors  of  any  school  district  at  the  regular  annual  meeting  held  the 
first  Monday  in  July  of  each  year,  under  the  provisions  of  section  430  with  its  many 
subdivisions,  may  be  transacted  at  this  first  meeting.  It  is  also  a  good  plan  for  the 
electors  to  adjourn  this  meeting  and  the  adjourned  meetings  from  time  to  time  until 
the  business  of  arranging  for  schoolhouse  site,  school  buildings,  equipment,  etc.,  etc., 
is  completed.  By  adjourning  these  meetings  the  red  tape  and  trouble  attendant  upon 
calling  a  special  meeting  under  the  requirements  of  section  427  will  be  avoided. 

What  has  been  said  above  as  applying  to  Case  1,  largely  applies  to  and  must  be 
followed  when  action  is  taken  under  Cases  2  and  3  with  certain  variations  to  which 
attention  is  called  under  each  case. 

Case  2.  Creation  of  districts  from  territory  lying  in  two  or  more  towns  or  other 
municipalities. 

Joint  meetings  of  the  boards  of  supervisors,  trustees,  or  city  council,  as  the  case 
may  be,  must  be  held  following  the  directions  given  in  Case  1.  The  supervisors,  or 
trustees,  or  city  council  are  privileged  to  call  such  joint  meeting  on  their  own  motion 
or  upon  petition.  The  notices  sent  to  the  school  district  clerks  and  the  notice  to  the 
taxable  inhabitant  of  the  new  district  and  the  order,  if  a  district  is  created,  must  be 
signed  by  a  majority  of  each  board  representing  a  municipality. 

i 

Case  3.  Change  of  boundaries  of  two  or  more  districts  lying  wholly  within  the 
town,  proceedings  as  outlined  in  Case  1,  to  be  strictly  followed. 

Case  4.  Alterations  of  the  boundaries  of  a  district  joint  with  two  or  more  towns 
or  with  one  or  more  towns  and  a  village,  or  a  city.  The  legislature  has  provided  two 
methods  of  procedure  applicable  to  above  conditions. 

First  method.  Proceedings  as  in  Cases  1  and  2,  by  a  majority  of  the  representa- 
tive officers  of  each  town  or  municipality,  assembled  in  two  joint  meetings,  after  due 
service  of  notices,  etc. 

Second  method.  This  method  was  evidently  provided  by  the  legislature  for  the 
purpose  of  saving  the  expense  of  holding  two  joint  meetings  in  cases  where  it  is  de- 
sired to  transfer  territory  from  one  joint  district  to  another  joint  district,  or  from  a 
joint  district  to  an  entire  district,  or  from  an  entire  district  to  a  joint  district.  Pro- 
ceedings should'be  as  follows  when  this  special  method  is  adopted: 

a.  On  application  in  writing  made  to  the  mayor  of  the  city,  or  the  president  of  the 
board  of  trustees,  or  the  chairman  of  the  town  board  of  supervisors  of  the  munici- 
pality in  which  the  schoolhouse  of  the  joint  district  is  located.  This  application 
should  describe  by  sections  and  parts  of  sections,  the  territory  which  it  is  desired  shall 
be  transferred.  Reasons  for  the  transfer  should  also  be  given.  A  sketch-map  show- 
ing the  boundaries  of  the  districts,  the  boundaries  of  the  territory  to  be  transferred, 
the  home  of  the  person  or  persons  desiring  to  be  transferred,  the  highways,  and  the 
location  of  the  schoolhouse  in  each  district,  should  be  a  part  of  the  application.  Par- 
ticular care  must  be  taken  to  so  describe  the  territory  that  no  error  will  occur  if  an 
order  is  issued  making  the  transfer. 

b.  This  application  must  be  signed  by  a  majority,  or  all  cf  the  board  of  super- 
visors of  any  one  of  the  towns  interested,  or  by  a  majority  of  the  members  of  the 
council,  or  a  majority  of  the  board  of  trustees  if  a  village  or  city  is  affected. 

c.  A  copy  of  this  application  must  be  placed  in  the  hands  of  the  chairman  of  the 
town,  or  the  president  of  the  board  of  trustees,  or  the  mayor  of  the  city,  in  which  the 
schoolhouse  of  the  joint  district  is  located.  If  two  or  more  of  the  districts  affected 
are  joint  districts  the  application  should  be  placed  in  the  hands  of  the  proper  officer 
residing  in  the  municipality  in  which  is  located  the  schoolhouse  of  the  joint  district 
having  the  largest  population.  It  is  the  duty  of  this  officer  to  fix  a  time  for  the  joint 
meeting  of  the  representative  officers  of  the  municipalities  interested.  The  time  fixed 
for  this  joint  meeting  shall  not  be  less  than  ten  nor  more  than  twenty  days  after  the 
application  has  been  presented  to  this  officer. 

d.  Upon  receipt  of  this  application  it  is  the  duty  of  the  chairman,  or  the  presi- 
dent, or  the  mayor,  as  the  conditions  shall  determine,  to  cause  a  written  notice  of 
the  time  and  place  of  such  meeting,  to  be  given  to  each  member  of  the  board  of  super- 
visors and  the  board  of  trustees,  and  the  city  council,  as  the  case  maybe,  and  also  to 
the  clerk  of  each  school  district  interested  in  the  proposed  alteration.  It  is  the  duty 
of  the  clerk  of  each  school  district  to  immediately  notify  the  other  members  of  the 
school  board.  This  notice  to  the  members  of  the  different  boards  and  to  the  school 
district  clerks  must  be  in  writing  and  must  be  served  (not  by  mail)  upon  each  of  the 
members  of  the  city  council,  board  of  supervisors  and  board  of  trustees,  (if  a  village 
or  a  city  is  involved)  at  least  five  (better  six  or  seven)  full  days  previous  to  the  day 
fixed  for  the  joint  meeting  of  the  boards  interested. 

f.  Such  meeting  should  be  held  at  the  schoolhouse  in  the  joint  district  unless 
some  other  convenient  place  shall  be  designated  in  the  notice. 

g.  "Return"  of  service  upon  the  members  of  the  school  district  clerks  and  the 
supervisors  and,  if  the  case  demands,  upon  the  members  of  the  board  of  trustees  and 

366 


School  Law  Comments. 

the  city  council,  must  be  made  and  filed  as  in  Case  1.      These  preliminary  steps  must 
be  taken  in  order  that  proper  jurisdiction  shall  be  acquired. 

h.  It  frequently  occurs  that  the  mayor  of  the  city,  or  the  president  of  the  village, 
or  the  chairman  of  the  board  of  supervisors  to  whom  the  application  is  presented, 
does  not  care  to  cause  the  expense  of  holding  this  one  joint  meeting.  The  statute  ap- 
parently permits  the  officer  to  whom  this  application  is  presented  to  use  his  discretion 
and  to  "pigeon-hole"  the  application,  thereby  refusing  to  send  out  the  notices  for  call- 
ing the  joint  meeting.  By  so  neglecting  or  refusing  to  call  this  meeting  as  desired, 
the  signers  of  the  application,  or  those  in  whose  behalf  the  application  has  been  made, 
are  placed  in  a  position  to  take  an  appeal  to  the  Committee  on  Common  Schools,  after 
twenty  days  have  elapsed  from  the  time  the  application  was  placed  in  the  hands  of  the 
chairman,  or  the  president  of  the  village  board,  or  the  mayor  of  the  city.  This  refusal 
places  authority  to  hear  the  case  and  to  issue  an  order  transferring  territory  in  the 
hands  of  the  Committee  on  Common  Schools.  This  latter  method  is  especially  ap- 
plicable to  cases  in  which  parts  of  territory  are  to  be  transferred,  and  when,  in  the 
opinion  of  the  officer  to  whom  the  application  is  presented,  the  case  is  one  of  merit. 
(See  section  419a  of  the  statutes.) 

DIRECTIONS   TO    BE    FOLLOWED    BY    COMMITTEE    ON   COMMON    SCHOOLS   IN 

HEARING   APPEALS. 

Case  1.  When  the  supervisors  have,  through  proper  notices,  meetings,  etc.,  gained 
jurisdiction  and  an  appeal  to  the  committee  is  taken  from  their  action, 
a.  The  Committee  on  Common  Schools  should  have  before  them  all  the  minutes 
and  proceedings  of  the  meetings  of  the  supervisors.  When  considering  an  appeal,  in 
addition  to  these  minutes  and  proceedings  the  parties  appealing  should  file  in  writing 
a  statement  of  the  conditions  from  their  point  of  view  with  assessed  valuations  of  the 
district;  assessed  valuation  of  the  territory  which  is  the  basis  of  the  controversy;  the 
number  of  persons  of  school  age  residing  in  each  district;  and  the  number  residing 
upon  the  territory  to  be  transferred,  with  all  other  such  information  as  will  enable 
the  members  of  the  Committee  on  Common  Schools  to  secure  a  clear  understanding 
of  the  conditions  and  the  merits  of  the  controversy.  A  copy  of  this  appeal  taken  to 
the  Committee  on  Common  Schools  must  also  be  served  upon  the  officer  or  board  from 
whose  action  the  appeal  is  taken.  This  officer,  if  he  does  not  decide  to  answer  the 
appeal  or  take  any  further  action  in  the  matter,  should  turn  this  copy  of  the  appeal 
over  to  some  one  interested  on  the  opposite  side  of  the  question.  Such  person,  officer 
or  elector  is  privileged  to  file  an  answer  to  the  appeal  with  the  Committee  on  Common 
Schools.  This  answer  must  be  in  writing  and  filed  within  fifteen  days  after  the  appeal 
has  been  filed. 

Case  2.      When  supervisors  have  taken  no  action, 
a.   If,  however,  the  supervisors  neglect  or  refuse  to  hold  meetings  and  to  give  no- 
tices to  the  clerks  of  the  different  school  districts,  as  required  by  section  418  of  the 
statutes,  it  then  becomes  the  duty  of  the  Committee  on  Common  Schools  to  give  such 
notice.      The  following  form  should  be  used  as  far  as  practicable: 

To- , 


Clerk  of  School  District  No.  — , 
Of  the  Town  of 


You  will  take  notice  that  we  shall  be  present  at  [here  mention  the  place  of  meet- 
ing] on  the  — : day  of ,  at o'clock  in  the noon,  to  hear  and 

decide  upon  certain  proposed  alterations  of  the  boundaries  of  your  school  district. 

Dated  this  day  of ,  19 — . 


Committee  on  Common  Schools 
for  County,  Wisconsin. 

This  notice  must  be  signed  at  a  meeting  by  at  least  a  majority  of  the  members  of 
the  Committee  on  Common  Schools  and  must  be  served  upon  the  clerk  of  each  district 
likely  in  any  way  to  be  interested  in  the  creation  of  a  new  district,  or  change  of 
boundary  lines,  at  least  five  [better  seven  or  eight]  days  previous  to  the  time  fixed  in 
the  notice  for  the  meeting.  The  person  serving  this  notice  should  make  "return" 
to  the  effect  that  it  has  been  duly  served  and  this  "return"  certificate  should  be  filed 
with  the  Committee  on  Common  Schools  previous  to.  or  at  the  time  of  the  second  meet- 
ing. A  copy  of  the  notice  may  be  sent  by  mail  to  some  one  living  in  the  neighborhood 
of  the  school  district  clerk,  and  this  person  may  serve  this  notice  and  mail  the  "return" 
to  the  Committee.  It  is  not  necessary  that  a  sheriff  or  officer  be  deputized  to  serve  it. 
When  these  proceedings  have  been  taken,  the  Committee  on  Common  Schools  will 
have  gained  jurisdiction  and  can  consider  the  case  as  it  would  have  been  considered 
in  the  first  place  by  the  supervisors,  trustees,  etc. 

367 


School  Law  Comments. 

b.  The  Committee  on  Common  Schools  must  make  they-  decision  in  writing  and  if 
the  merits  of  the  case  demand,  make  an  order,  as  found  on  another  page  of  this  com- 
pilation. This  order  must  be  served,  etc.,  as  required  by  directions  given  on  a  pre- 
ceding page,  and  should  describe  exactly  by  sections  and  parts  of  sections  the  territory 
which  has  been  transferred  from  one  district  to  the  other.  The  numbers  of  the  dis- 
tricts should  be  given. 

If  a  new  district  is  created,  this  district  must  be  numbered,  and  the  territory  taken 
from  each  district  described. 

c.  If  the  Committee  on  Common  Schools  forms  a  new  district  it  is  their  duty  to 
make  out  an  order  in  writing  directed  to  the  supervisors,  trustees,  etc.  This  order 
must  describe  exactly  the  land  detached  from  the  different  districts.  When  this  order 
lias  been  filed  with  the  town  clerk,  it  is  his  duty  to  notify  each  member  of  the  board  of 
supervisors  that  at  their  next  regular  or  specially  called  meeting,  the  division  of  the 
value  of  the  school  district  property  must  be  made  as  provided  in  section  420. 

d.  If  a  district  is  joint,  it  is  the  duty  of  the  town  clerk  of  the  town  in  which  the 
ischoolhouse  is  located,  to  notify  the  clerks  of  the  other  towns,  directing  said  clerks 

to  notify  their  supervisors  that  a  joint  meeting  must  be  held  for  the  purpose  of  making 
the  division  of  property. 

e.  The  town  clerk  first  notified  should  notify  the  clerks  of  the  districts  interested 
of  the  time  and  place  for  the  meeting  and  should  also  ask  from  them  an  itemized  state- 
ment of  the  value  of  the  school  property  in  each  district.  The  clerks  of  the  towns  will 
bring  with  them  the  assessed  valuation  of  the  different  districts  interested  and  the 
territory  transferred. 

f.  The  supervisors  will  proceed  u-nder  the  provisions  of  section  420  of  the  statutes. 

g.  If  the  supervisors  take  charge  of  the  case  in  the  beginning  and  refuse  to  create 
the  district  the  order  dividing  the  property  should  nevertheless  be  directed  to  them. 
They  are  informed  as  to  land  values  of  the  town. 

h.  If  a  party  feels  himself  aggrieved  and  takes  an  appeal  to  the  state  superintend- 
ent, all  the  records,  statements,  proceedings,  minutes  of  the  meeting,  etc.,  in  the  hands 
of  the  Committee  on  Common  Schools  must  be  forwarded  to  the  state  superintendent 
with  certificate  to  the  effect  that  said  records,  papers,  etc.,  are  all  the  records,  papers, 
etc.,  considered  by  the  committee  in  the  hearing.  With  reference  to  the  appeals  it 
may  not  be  out  of  place  to  say  that  the  legislature  fixed  the  statute  providing  for 
appeals  so  that  an  appeal  can  be  taken  without  hardship  or  material  expense  to  par- 
ties interested.  All  that  the  Committee  on  Common  Schools  or  the  state  superinten- 
dent will  require  is  a  plain  statement  of  the  facts  in  the  case,  typewritten,  or  written 
by  hand  on  ordinary  legal  cap  paper.  A  copy  of  the  appeal  must  be  made  and  served 
upon  the  party  from  whose  action  the  appeal  is  taken.  An  affidavit  to  the  effect  that 
the  statements  in  the  appeal  are  true  must  accompany  both  the  copy  and  the  original. 

i.  Admission  of  service  by  the  party  served  with  the  copy,  or  affidavit  of  service, 
must  appear  upon  the  original,  which  is  to  be  sent  to  the  state  superintendent.  There 
is  no  formal  rule  or  direction  to  be  followed.  (See  rules  and  regulations  governing 
appeals,  under  the  provisions  of  section  497  of  the  school  code.) 

These  directions  are  given  for  the  guidance  of  parties  interested  in  the  alteration 
of  school  district  boundaries  and  should  be  carefully  read  and  studied  before  action  is 
taken.  Parties  initiating  the  movement  for  the  purpose  of  changing  the  boundaries 
or  creating  a  school  district,  should  study  the  directions  carefully  for  the  purpose  of 
determining  what  method  of  procedure  is  most  applicable,  and  when  determined 
that  method  or  plan  should  be  strictly  followed. 

Section  427. 

It  is  the  duty  of  the  clerk  to  call  special  meetings  whenever  requested  to  do  so 
by  the  required  number  of  legal  voters.  The  fact. that  the  district  clerk  does  not 
approve  of  the  objects  sought  by  those  who  request  him  to  call  a  special  meeting,  is 
no  cause  for  refusing  to  comply  with  the  request.  All  special  meetings  are  to  be 
held  at  8  o'clock  in  the  afternoon. 

"When  public  corporations  or  officers  are  authorized  to  perform  an  act  for  others, 
■which  benefits  them,  then  the  corporations  or  officers  are  bound  to  perform  the  act. 
The  power  is  given  them  not  for  their  own,  but  for  the  benefit  of  those  in  whose  be- 
balf  they  are  called  upon  to  act,  and  such  is  presumed  to  be  the  legislative  intent. 
In  such  cases  they  have  a  claim  de  jure  to  the  exercise  of  the  power."      9  Wis.,  285. 

Any  business  that  can  be  done  at  an  annual  meeting  can  be  done  at  a  special 
meeting,  properly  called,  except  the  election  of  officers,  voting  a  tax  to  compensate 
the  director  and  treasurer.  The  notice  for  a  special  meeting  may  be  given  by  the 
director  or  treasurer  in  case  of  a  vacancy  in  the  office  of  clerk  or  if  that  officer  is 
absent  or  incapable  of  acting. 

A  special  meeting  may  rescind  any  action  taken  at  the  annual  meeting,  if  proper 
notice  has  been  given;  but  if  rights  have  been  acquired  by  third  parties,  those  rights 
cannot  be  set  aside  by  the  vote  of  the  district.  This  includes  the  rights  of  persons 
elected  to  a  district  office. 

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School  Law  Comments. 

"Six  full  days"  requires  the  notice  to  be  given  as  early  as  on  the  seventh  day 
before  the  time  designated. 

The  personal  notice  required  by  this  section  to  be  given  to  three-fourths  of  the 
electors  of  the  district  in  all  cases  where  it  is  the  pur-pose  of  the  special  meeting 
to  vote  a  tax,  lQan  or  debt,  should  include  women,  on  whom  the  right  of  suffrage 
in  elections  "pertaining  to  school  matters,"  is  conferred  by  section  428a. 

Care  should  be  taken  in  naming  the  amount  to  be  raised  at  a  special  meeting  to 
specify  a  sum  equal  to  or  greater  than  that  needed.  It  is  competent  for  a  special 
meeting  to  raise  a  less,  but  not  competent  for  it  to  raise  a  greater  sum  than  that 
mentioned  in  the  notice. 

All  laws  relating  to  levying  taxes  are  construed  strictly,  and  the  requirement 
that  notices  for  a  special  meeting  whose  purpose  is  to  raise  money  shall  specify  the 
amount  to  be  raised  is  mandatory. 

A  "return"  to  be  filed  in  the  office  of  the  district  clerk  should  show  the  names  of 
the  electors  upon  whom  the  notice  was  served.      (See  Forms  4,  13,  14.) 

Section  428. 

The  qualifications  of  voters  at  a  general  election  are  declared  by  section  12  of  the 
Wisconsin  statutes,  to  be  as  follows: 

Section  12.  Every  male  person  of  the  age  of  twenty-one  years  or  upward,  be- 
longing to  either  of  the  following  classes,  who  shall  have  resided  in  the  state  for  one 
year  next  preceding  any  election,  and  in  the  election  district  where  he  offers  to  vote 
ten  days  [except  in  the  case  of  school  district  meetings,  in  which  case  30  days'  resi- 
dence in  the  district  is  required!  shall  be  deemed  a  qualified  elector  at  such  election:  « 

1.  Citizens  of  the  United  States. 

2.  Foreigners  must  have  full  citizenship  papers. 

3..  Persons  of  Indian  blood  who  have  once  been  declared  by  law  of  congress  to 
be  citizens  of  the  United  States,  any  subsequent  law  of  congress  to  the  contrary  not- 
withstanding. 

4.  Civilized  persons  of  Indian  descent,  not  members  of  any  tribe. 

5.  Any  civilized  person,  being  a  descendant  of  the  Chippewas  of  Lake  Superior 
or  any  other  Indian  tribe  residing  within  this  state,  and  not  upon  any  Indian  reser- 
vation, who  shall  make  and  subscribe  to  an  oath  before  the  clerk  of  the  circuit  court 
or  his  deputy  of  the  county  where  such  person  resides  that  he  is  not  a  member  of  any 
Indian  tribe,  and  has  no  claim  upon  the  United  States  for  aid  and  assistance  from 
any  appropriation  made  by  congress  for  the  benefit  of  Indians,  and  that  he  thereby 
relinquishes  all  tribal  relations,  and  all  right  to  claim  or  receive  such  aid,  shall  be 
entitled,  on  such  oath  being  filed  and  recorded,  to  vote  at  all  elections  held  in  this 
state,  if  he  is  otherwise  qualified.  The  oath  so  taken,  on  being  corroborated  as  to 
the  residence  and  tribal  relations  of  such  person  by  the  affidavit  of  a  qualified  elec- 
tor, shall  be  filed  in  the  office  of  the  clerk  before  whom  it  was  taken  and  recorded 
by  him  in  a  book  to  be  provided  for  that  purpose,  upon  such  person  paying  to  said 
clerk  the  sum  of  one  dollar. 

Every  person  convicted  of  bribery  shall  be  excluded  from  the  right  of  suffrage, 
unless  restored  to  civil  rights;  and  no  person  who  shall  have  made  or  become  di- 
rectly or  indirectly  interested  in  any  debt  or  wager,  depending  upon  the  result  of  any 
election,  at  which  he  shall  offer  to  vote,  shall  be  permitted  to  vote  at  such' election. 

Section  428a. 

This  section  does  not  confer  upon  women  the  unlimited  right  of  suffrage,  but 
it  does  confer  upon  them  the  right  to  vote  upon  any  and  all  questions  that  can  be 
legally  considered  at  any  regularly  called  annual  or  special  school  district  meeting. 
The  words  "any  election  pertaining  to  school  matters"  renders  the  limitation  to  the 
privilege  conferred  by  the  section  manifest.  71  Wis.,  239,  251;  75  Wis.,  543;  and 
chapter  285,  laws  of  1901.  "An  election  to  determine  whether  a  city  shall  issue 
bonds  for  the  purpose  of  building  a  schoolhouse  is  an  election  pertaining  to  school 
matters  within  the  meaning  of  chapter  211,  laws  of  1885."      128  Wis.,  p.  132. 

Section  69.  In  determining  the  question  of  residence  as  a  qualification  to  vote, 
the  following  rules,  so  far  as  applicable,  shall  govern,  and  if  a  person  offering  to  vote 
be  challenged  as  unqualified  on  the  ground  of  residence,  the  inspector  shall  admon- 
ish him  of  such  rules  and  put  to  him  such  further  questions  as  shall  be  proper  to 
elicit  the  facts  in  respect  thereto,  namely: 

First. — As  prescribed  in  the  constitution,  no  person  shall  be  deemed  to  have  lost 
his  residence  in  this  state  by  reason  of  his  absence  on  business  of  the  United  States, 
or  this  state;  and  no  soldier,  seaman  or 'marine,  in  the  army  or  navy  of  the  United 
States,  shall  be  deemed  a  resident  of  this  state  in  consequence  of  being  stationed 
within  the  same. 

Second. — That  place  shall  be  considered  and  held  to  be  the  residence  of  a  person, 
in  which  his  habitation  is  fixed  without  any  present  intention  of  removing  therefrom 
and  to  which,  whenever  he  is  absent,  he  has  the  intention  of  returning. 

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School  Law  Comments. 

Third. — A  person  shall  not  be  considered  or  held  to  have  lost  his  residence,  who 
shall  leave  his  home  and  go  into  another  state,  or  county,  town,  or  ward  of  this 
state,  for  temporary  purposes  merely,  with  an  intention  of  "returning. 

Fourth. — A  person  shall  not  be  considered  to  have  gained  a  residence  in  any 
town,  ward,  or  village  of  this  state  into  which  he  shall  have  come  for  temporary 
purposes  merely. 

Fifth. — If  a  person  remove  to  another  state  with  an  intention  to  make  it  his  per- 
manent residence,  he  shall  be  considered  and  held  to  have  lost  his  residence  in  this 
state. 

Sixth. — If  a  person  remove  to  another  state  with  the  intention  of  remaining  there 
for  an  indefinite  time,  and  as  a  place  of  present  residence,  he  shall  be  considered  and 
held  to  have  lost  his  residence  in  this  state,  notwithstanding  he  may  entertain  an 
intention  to  return  at  some  future  period. 

Seventh. — The  place  where  a  married  man's  family  resides  shall  generally  be 
considered  and  held  to  be  his  residence,  but  if  it  is  a  place  of  temporary  establish- 
ment for  his  family  or  for  transient  objects,  it  shall  be  otherwise. 

Eighth. — If  a  married  man  has  his  family  fixed  in  one  place,  and  he  does  his 
business  in  another,  the  former  shall  be  considered  and  held  to  be  his  place  of  resi- 
dence. 

Ninth. — The  mere  intention  to  acquire  a  new  residence  without  the  fact  of  re- 
moval, shall  avail  nothing;   neither  shall  the  fact  of  removal  without  intention. 

Tenth. — If  a  person  shall  go  into  another  state,  and  while  there-  exercise  the 
right  of  a  citizen  by  voting,  he  shall  be  considered  and  held  to  have  lost  his  resi- 
dence in  this  state. 

Eleventh. — No  person  shall  be  deemed  to  have  gained  a  residence  in  any  town, 
ward  or  village  in  this  state,  so  as  to  entitle  him  to  vote  at  any  election  therein,  by 
remaining  in  such  town,  ward  or  village  as  a  pauper  supported  by  the  town,  village 
or  county  in  which  he  shall  be  living  at  the  time  of  such  election;  and  no  person 
shall  be  deemed  to  have  lost  his  residence  in  any  town,  ward  or  village,  by  remaining 
in  any  other  town,  ward  or  village  as  such  pauper. 

Twelfth. — If  an  unmarried  person  sleeps  in  one  ward  and  boards  in  another,  the 
place  where  he  sleeps  shall  be  considered  his  residence. 

Thirteenth. — If  an  unmarried  person  be  employed  on  a  railroad,  boat  or  stage 
line  and  boards  at  different  places,  if  one  of  those  places  be  with  his  parents,  that 
place  shall  be  considered  his  residence  unless  he  has,  by  registering  to  vote  else- 
where or  by  performance  of  some  other  kindred  act  elected  some  other  place  as  his 
residence.  If  he  has  no  parents  and-  has  not  registered  at  any  other  place,  he  shall 
be  asked:  Do  you  consider  this  your  place  of  residence,  and  have  you  so  considered 
it  for  the  past  ten  days  in  preference  to  any  other  place?  If  he  answers  in  the  af- 
firmative he  shall  be  entitled  to  all  the  privileges  and  be  subject  to  all  of  the  duties 
of  other  citizens  in  such  place  in  the  matter  of  voting,  jury  service,  poll  taxes  and 
assessments  for  taxes. 

Fourteenth. — Each  inmate  of  any  national  or  state  home  for  soldiers  in  this  state 
shall  be  deemed  to  reside  in  the  town,  city  or  village  in  which  said  home  shall  be 
located  and  in  the  election  district  in  which  he  shall  sleep. 

Section   429. 

The  questions  which  may  be  asked  by  inspectors  of  elections  of  persons  whose 
votes  are  challenged,  and  the  rules  for  determining  the  legal  qualifications  of  elec- 
tors are  given  in  sections  68  and  69,  of  the  Wisconsin  statutes,  and  are  printed  here 
for  convenience.  The  chairman  of  a  district  meeting  can,  like  an  inspector  of  elec- 
tions, require  the  person  challenged  to  answer  the  questions  under  oath. 

Section  68.  Each  inspector  shall,  and  any  elector  may,  challenge  every  person 
offering  to  vote  whom  he  shall  know  or  suspect  not  to  be  duly  qualified  as  an  elector. 
If  such  a  person  is  challenged  as  unqualified  one  of  the  inspectors  shall  tender  to 
him  the  following  oath  or  affirmation:  You  do  solemnly  swear  (or  affirm)  that  you 
will  fully  and  truly  answer  all  such  questions  as  shall  be  put  to  you  touching  your 
place  of  residence  and  qualifications  as  an  elector  of  this  election;  and  shall  there- 
upon put  questions  as  follows: 

First.  If  a  person  be  challenged  as  unqualified  on  the  ground  that  he  is  not  a 
citizen: 

1.  Are  you  a  citizen  of  the  United  States? 

2.  Foreigners  must  have  full  citizenship  papers  before  voting  at  any  election, 
school,  municipal  or  state. 

Second.      If   the  person   be  challenged   as   unqualified   on   the   ground   that   he   has 
not  resided  in  this  state  for  one  year  immediately  preceding  the  election: 

1.  How  long  have  you  resided  in  this  state  immediately  preceding  this  election? 

2.  Have  you  been  absent  from  this  state  within  the  year  immediately  preceding 
this  election?      If  yes,  then — 

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School  Law  Comments. 

3.  When  you  left,  did  you  leave  for  a  temporary  purpose,  with  the  design  of  re- 
turning, or  for  the  purpose  of  remaining  away? 

4.  What  state  or  territory  did  you  regard  as  your  home  while  absent? 

5.  Did  you,  while  absent,  vote  in  any  other  state  or  territory? 

Third.  If  the  person  be  challenged  as  unqualified  on  the  ground  that  he  is  not 
a  resident  of  the  town,  ward  or  village  where  he  offers  his  vote: 

1.  When  did  you  last  come  into  this  town,  ward  or  village? 

2.  Did  you  come  for  a  temporary  purpose  merely,  or  for  the  purpose  of  making 
it  your  home? 

3.  Did  you  come  into  this  town,  ward  or  village  for  the  purpose  of  voting  there- 
in? 

4.  Are  you  now  and  have  you  been  for  the  last  ten  (thirty  days  in  the  case  of 
school  district  meetings)  days  an  actual  resident  of  this  town,  ward  or  village,  and 
what  is  the  particular  description,  name  and  location  of  your  residence? 

5.  Have  you  registered  to  vote  at  this  election  at  any  other  place  within  this 
state? 

Fourth.  If  the  person  be  challenged  as  unqualified  on  the  ground  that  he  is  not 
twenty-one  years  of  age:  Are  you  twenty-one  years  of  age  to  the  best  of  your 
knowledge  and  belief? 

Fifth.  If  the  person  be  challenged  as  unqualified  on  the  ground  that  he  has 
made  or  become  directly  or  indirectly  interested  in  any  bet  or  wager  depending  upon 
the  result  of  such   election: 

1.  Have  you  made  in  any  manner  any  bet  or  wager  depending  upon  the  result 
of  this  election,  or  on  the  election  of  any  person  for  whom  votes  may  be  cast  at  this 
election? 

2.   Are  you  in  any  manner,  directly  or  indirectly,  interested  in  any  bet  or  wager 
depending  in  any  way  whatever  upon  the  result  of  this  election? 

Sixth.  If  the  person  be  challenged  as  unqualified  on  the  ground  that  he  has 
been  convicted  of  treason,  felony  or  bribery  and  not  subsequently  restored  to  civil 
rights: 

1.  Have  you  been  tried  or  convicted  in  this  state  of  any  crime?      If  yes — 

2.  Of  what  crime,  when  and  in  what  court  were  you  so  convicted? 

3.  Have  you  in  any  manner  since  such  conviction  been  restored  to  civil  rights, 
and  if  yes,  how? 

Seventh.  If  the  person  be  challenged  as  unqualified  on  the  ground  that  he  has 
been  engaged,  directly  or  indirectly,  in  a  duel,  either  as  principal  or  accessory: 

1.  Have  you  ever  been  engaged  in  any  duel,  directly  or  indirectly,  either  as  prin- 
cipal or  as  a  second,  or  in  counseling  or  aiding  either  principal  or  second  in  a  duel? 
And  if  yes,  then — 

2.  When  and  where,  and  had  you  before  that  time  been  an  inhabitant  of  this 
state? 

Eighth.  If  the  person  be  challenged  as  Unqualified  on  the  ground  that  he  is  a 
person  of  Indian  descent,  a  member  of  an  Indian  tribe  or  an  uncivilized  Indian: 

1.  Are  you  a  person  of  Indian  descent? 

2.  Of  what  tribe  or  nation  are  you  a  descendant? 

3.  Are  you  now  a  member  of  any  Indian  tribe? 

4.  Have  you  received  any  annuity  from  the  United  States  or  any  agent  thereof, 
or  shared  in  any,  and,  if  so,  when  did  you  last  so  receive  or  share  in  any? 

The  inspectors,  or  one  of  them,  shall  put  such  other  questions  to  the  person  chal- 
lenged as  may  be  necessary  to  test  his  qualification  as  an  elector  at  such  election. 

Section  43  0. 

Subdiv.  1.  Any  elector  may  call  a  meeting  to  order  and  ask  someone  to  nom- 
inate a  chairman,  put  the  question  and  declare  the  results.  If  the  director  is  pres- 
ent it  is  his  place  to  do  this.  If  the  clerk  is  absent  someone  must  be  appointed  in 
his  place.  The  chairman  should  be  an  elector.  It  is  his  privilege  to  vote  on  all 
questions  but  he  cannot  vote  twice  in  order  to  break  a  tie  vote.  If  a  tie  vote  occurs 
another  ballot  must  be  taken. 

Subdiv.  2.  It  is  a  good  plan  to  adjourn  annual  meetings  and  also  special  meet- 
ings from  time  to  time  in  cases  where  new  buildings  are  to  be  erected,  site  purchased 
or  some  other  business  transacted  that  likely  requires  the  report  of  a  committee. 

Subdiv.  3.      The  vote  taken  for  election  of  officers  must  be  taken  by  ballot. 

Subdiv.  4.  Every  schoolhouse  site  should  contain  at  least  one  acre  of  ground. 
It  should  be  described  according  to  surveyors'  rules  if  possible.  The  schoolhouse 
and  other  buildings  should  be  placed  on  the  lot  so  as  to  give  ample  room  for  a  good 
playground.  The  site  should  be  well  drained  and  accessible  to  all  parts  of  the  dis- 
trict and  must  be  on  a  public  highway. 

The  selection  of  a  site  may  have  something  to  do  with  the  cost  of  the  school 
building  and  consequently  it  is  in  order  in  many  cases  to  have  the  site  designated 
before  a  tax  is  levied  for  the  purpose  of  erecting  a  schoolhouse.      The  expense  of  in- 

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School  Law  Comments. 

vestigating  a  title  to  the  land  and  of  recording  a  deed  may  be  legally  included  in  the 
tax  for  a  site.  If  the  tax  voted  for  the  purpose  of  erecting-  a  building  is  later  on 
found  to  be  too  small,  another  meeting  may  be  called  for  the  purpose  of  voting  addi- 
tional tax.  The  law  authorizes  the  electors  to  direct  the  board  to  lease  a  school 
site.  It  is,  however,  always  advisable  that  the  district  should  own  the  site.  If  the 
owner  will  not  sell,  follow  the  directions  given  by  section  477—484,  inclusive.  Where 
a  schoolhouse  is  erected  upon  leased  ground,  it  may  be  removed  by  the  electors  if 
the  site  is  changed.  It  must  be  moved  or  sold  within  reasonable  time.  The  district 
does  not  lose  its  ownership  of  the  school  building  simply  because  the  site  has  been 
changed. 

Subdiv.  5.  No  money  should  be  paid  for  the  site  until  the  contract  or  deed  has 
been  secured  and  title  acquired.  The  electors  may  vote  a  tax  for  fence,  sidewalk, 
outbuildings,  woodhouse,  heating  and  ventilating  apparatus,  seats,  desks,  maps, 
charts,  etc.  Money  may  alsobe  raised  to  pay  for  the  insurance  of  the  building.  All 
taxes  voted  must  be  for  specific  and  legal  objects,  and  a  resolution  specifying  these 
objects  should  be  passed  upon  by  the  meeting.  This  is,  valuable  for  the  use  of  the 
board  in  order  that  they  may  know  their  precise  liability  and  authority  with  refer- 
ence to  each  of  these  particular  objects.  See  Section  49  6p — 1  which  permits  the 
electors  of  an  ordinary  school  district  to  authorize  the  board  to  enter  into  a  contract 
with  the  board  of  a  town  or  union  free  high  school  district  after  said  town  or  union 
free  high  school  district  has  been  properly  authorized  to  do  so  for  the  purpose  of 
erecting  one  building  to  house  both  schools. 

Subdiv.  6.  The  law  fixes  the  minimum  term  at  eight  months  and  the  minimum 
wage  which  must  be  paid  to  a  teacher  at  $4  0,  in  order  that  the  district  may  be  privi- 
leged to  share  fully  in  the  apportionment  of  state  and  county   (town)   money. 

Subdiv.  7.  The  electors  are  privileged  to  direct  the  board  to  sell  the  school- 
house  when  no  longer  needed  for  the  use  of  the  district.  It  is  well  for  the  electors 
to  authorize  the  board  to  sell  it  at  public  sale. 

Subdiv.  7a.  The  electors  are  authorized  to  levy  a  tax  for  the  purpose  of  meeting 
the  expense  of  the  treasurer's  bond  when  the  bond  is  furnished  by  some  surety  com- 
pany. 

Subdiv.  10.      See  Sections  485,   486a  and  486d.      Township  Libraries. 

Subdiv.  II.  Study  carefully  what  is  written  under  the  head  of  "Borrowing 
Money"  Section  474  and  beyond.  Especially  what  is  said  under  head  of  "Be  Sure 
You  Are  Right  Then  Go  Ahead." 

Subdiv.  12.  If  electors  do  not  decide  concerning  the  attendance  of  nonresi- 
dents, the  power  then  goes  into  the  hands  of  the  school  board. 

By  this  clause  the  district  is  empowered  to  determine  whether  the  persons  named 
shall  be  admitted  to  the  privileges  of  the  school.  Where  the  district  fails  to  instruct 
the  board  in  this  matter,  the  board  shall  determine  the  fact  and  the  rule  under  the 
general  powers  conferred  upon  district  officers  by  the  statutes. 

It  is  sometimes  difficult  for  district  boards  to  determine  the  liability  of  inhabit- 
ants for  the  tuition  of  persons  in  their  employment  or  under  their  protection.  The 
general  rule  is  that  a  minor's  residence  is  with  his  parents  or  parent  while  they  or 
either  of  them  is  alive  and  maintains  a  home.  An  orphan  without  a  guardian  takes 
his  residence  with  him.  While  it  is  not  right  to  allow  nonresidents  and  persons  over 
twenty  to  overcrowd  and  so  impair  the  efficiency  of  the  school,  it  is  well  to  remem- 
ber that  the  constant  purpose  of  the  state  in.  the  establishment  and  maintenance  of 
public  schools  is  to  disseminate  as  widely  as  possible  the  advantages  of, a  common 
school  education. 

That  provision  of  the  state  constitution  which  requires  that  "such  schools  shall 
be  free  and  without  charge  for  tuition  to  all  children  between  the  ages  of  four  and 
twenty  years,"  implies  that  every  child  of  school  age  is  entitled  to  free  tuition  some- 
where. This  manifest  purpose  of  the  state  to  extend  the  advantages  of  a  common 
school  education  to  all  children  within  her  bordets,  should  lead  school  districts  to 
exercise  the  authority  to  charge  or  to  remit  tuition  with  which  the  law  vests  them 
in  a  spirit  of  liberality  toward  those  children  that  are  compelled  by  parental  neglect 
to  seek  the  equipment  that  the  schools  furnish  beyond  the  limits  of  the  home  dis- 
trict. 

The  supreme  court  of  the  state  (74  Wis.,  page  48)  laid  down  the  rule  that  a  child 
is  entitled  to  free  tuition  in  a  district  "in  which  he  is  residing  for  other,  as  a  main 
purpose,  than  to  participate  in  the  advantages  which  the  school  affords."  It  will  be 
seen  that  the  decision  g-uards  carefully  against  the  interpretation  of  the  law  which 
would  require  districts  to  furnish  tuition  to  those  pupils  who  are  in  the  district  for 
the  purpose  of  availing  themselves  of  its  superior  school  advantages.  See  also  59 
Conn.,  489. 

The  district  board  has  no  authority  to  admit  nonresident  children  into  the  school 
contrary  to  the  vote  of  the  district,  nor  has  it  authority  to  exclude  them  after  the 
district  has  voted  to  admit  them.  It  is  the  duty  of  the  board,;  in  this  matter,  to 
carry  into  effect  the  instructions  of  the  district. 

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S<  iiool  Law  Comments. 

Section  435o  makes  provisions  for  the  attendance  of.  nonresident  children  in  cer- 
tain cases  even  though  the  electors  and  members  of  the  school  board  may  not,  be  in 
favor  of  admitting  them.  ThiSi  section  also  fixes  the  amount  of  tuition  that  may  be 
collected  on  account  of  such  nonresident  attendance  when  certain  conditions  ar'e  com- 
plied with. 

The  teacher  has"  no  authority  in  the  matter  of  admitting  or  excluding  nonresi- 
dents, but  will  be  governed  by  the  instructions  of  the  board. 
See  Sections  435o  and  439. 

Subdiv.  13.  Section  440  requires  school  district  boards  to  determine  what  books 
shall  be  used  in  their  respective  districts,  and  section  4  3  0b  provides  that  the  ques- 
tion of  furnishing  free  textbooks  shall  be  submitted  to  every  annual  school  district 
meeting.  While  the  board  has  power  to  adopt,  it  has  no  power  to  purchase  text- 
books, unless  authorized  to  do  so  by  the,  district  at  its  annual  meeting.  Books  that 
have  been  adopted  must  be  retained  for  at  least  three  years;  but  boards  cannot  bind 
their  districts  to  purchase  these  books  at  a  fixed  rate,  or  of  a  given  house  for  more 
than  one  year.  16  Wis.,  336.  See  also  Section  553m — 101  to  Section  553m — 108 
inclusive  for  further  information  concerning  textbooks. 

Subdiv.  14.  School  must  be  taught  at  least  eight  months,  one  hundred  and 
sixty  days,  to  meet  the  requirements  of  law  relating  to  apportioning  school  moneys. 
Holidays  when  occurring  while  school  is  in  session  are  counted  as  days  taught. 

The  legal  holidays  are  New  Year's  day,  February  22,  May  3  0,  July  4th,  Labor 
day,  Thanksgiving  day  and  Christmas  day.  Days  when  teachers  are  in  attendance 
upon  institutes,  school  board  conventions  and  teachers'  associations  with  the  permis- 
sion of  the  school  board,  may  also  be  counted  as  taught  and  part  of  the  required 
one  hundred  and  sixty  days.      The  teacher  receives  pay  as  usual  for  these  days. 

Subdiv.  17.  The  district  may  appoint  any  suitable  person  to  represent  it  in  a  suit; 
but  in  the  absence  of  such  appointment,  the  director  is  constituted  the  representative 
of  the  district  in  all  suits.      See  section  442  and  the  comment  thereon. 

Subdiv.  18.  This  subdivision  authorizes  the  electors  of  any  school  district  to 
compensate  the  treasurer  and  director  of  the  school  board.  If  the  electors  desire  to 
vote  a  compensation  to  these  officers  for  services  rendered  it  must  be  voted  at  the  an- 
nual meeting  at  the  commencement  of  the  school  year.  When  compensation  is  not 
voted  by  the  electors,  the  officers  serve  without  pay.  The  sum  voted  to  each  officer 
must  be  definitely  stated.  The  amounts  need  not  be  the  same.  The  clerk  receives 
compensation  in  another  way  when  his  report  is  correct  and  filed  in  proper  time  with 
the  county  superintendent. 

Subdiv.  19.  When  the  district  board  has  made  a  contract  under  authority  of  the 
district,  the  repeal  of  the  resolution  authorizing  such  contract  will  not  abrogate  the 
contract. 

A  district  can  repeal  a  resolution  to  raise  a  tax  at  any  time  before  the  warrant  to 
collect  the  taxis  handed  to  the  collector;  but  this  power  cannot  be  exercised  after  part 
of  the  tax  has  been  collected  (Gale  vs.  Mead,  4  Hill;  Smith  vs.  Dillingham,  4  Barbour). 
When  it  is  thought  advisable  to  repeal  a  resolution  it  should  be  done  in  express  terms 
and  not  by  implication. 

Officers  elected  at  an  annual  meeting  cannot  be  displaced  by  reconsidering  or  re- 
scinding former  proceedings  at  an  adjourned  meeting.  When  an  election  has  been 
held  in  due  form,  the  elective  power  of  the  district  is  exhausted,  and  the  officers  chosen 
at  the  annual  meeting  are  the  legal  officers  of  the  district,  until  by  death,  resignation, 
removal  from  the  district,  expiration  of  term,  refusal  to  serve,  or  removal  from  office,  a 
vacancy  occurs  proper  to  be  filled  by  election  or  appointment.  And  when  a  person 
entitled  to  hold  office  has  been  elected,  and  has  not  refused  to  serve,  there  is  no  power 
to  take  it  from  him  or  to  debar  him  from  assuming  its  duties. 

Section  430e. 
This  law  does  not  interfere  with  that  part  of  section  425,  W.  S.,  which  makes  it  the 
duty  of  the  district  board  to  meet  on  the  Saturday  immediately  preceding  the  annual 
meeting  for  the  purpose  of  making  a  careful  examination  of  the  accounts  of  the  treas- 
urer and  compiling  a  full  and  itemized  report  of  all  receipts  and  expenditures  since  the 
last  annual  meeting;  of  the  amount  in  the  hands  of  the  treasurer,  or  the  amount  of  the 
deficitfor  which  the  district  is  liable;  of  the  amount  necessary  to  be  raised  by  taxes  for 
the  support  of  the  school  for  the  coming  year  and  of  the  amount  required  to  pay  the 
interest  or  principal  of  any  debt  due  or  to  become  due  during  the  year.  No  tax  need 
be  levied  by  the  district  to  meet  the  payment  of  any  principal  or  interest  on  any  loan 
made  from  the  state.  The  secretary  of  state  and  the  county  clerk  take  care  of  all  pay- 
ments to  be  made  on  loans  from  the  trust  funds.  These  reports  are  to  be  submitted  in 
writing  at  the  annual  meeting  and  the  amount  of  money  reported  on  hand  at  the  begin- 
ning: of  the  year  must  be  exactly  the  same  as  the  amount  reported  on  hand  at  the  close 
of  the  preceding  year. 

Before  the  meeting  proceeds  to  elect  officers,  the  minutes  of  the  last  annual  meet- 
ing should  be  read,  and  those  of  such  special  meetings  as  have  been  held  during  the 
year.      The  reports  of  district  officers  should  also  be  presented,  followed  by  the  report 

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School  Law  Comments. 

of  the  committee  that  examined  the  accounts.  If  the  audit  committee  does  not  re- 
port, then  the  meeting  may  appoint  a  committee  to  examine  the'accounts  of  the  board 
and  report  at  once  or  at  an  adjourned  meeting.  The  financial  statements  submitted 
should  be  accompanied  by  vouchers  for  all  moneys  expended.  ,  Reports  of  officers 
should  be  spread  upon  the  records.      Papers  that  are  merely  filed  are  often  lost. 

If  a  vacancy  exists  in  the  board  from  any  other  cause  than  the  expiration  of  the 
incumbent's  term,  it  is  advisable  that  a  resolution  be  passed  declaring  that  such  va- 
cancy exists,  and  stating  the  ground  on  which  the  meeting  regards  the  office  vacant. 
It  is  for  the  meeting  to  judge  in  the  first  instance  whether  a  vacancy  exists,  and  al- 
though it  may  err  in  so  declaring,  the  officer  elected  will  be  deemed  an  officer  de  facto, 
and  his  acts  in  relation  to  the  public  and  third  persons  deemed  valid,  unless  his  election 
is  pronounced  void  by  authority. 

If  a  mistake  is  made  in  stating  the  length  of  an  unexpired  term,  the  person  elected 
will  nevertheless  serve  to  the  end  of  the  term,  and  no  longer,  as  this  matter  is  regu- 
lated by  law,  and  not  by  the  vote  of  the  district. 

District  officers  may  be  elected  at  an  adjourned  annual  meeting  if  such  meeting  be 
held  within  ten  days  after  the  time  fixed  by  law  for  holding  the  annual  meeting.  A 
school  district  officer  elected  at  an  annual  meeting  cannot  be  displaced  at  an  adjourned 
annual  meeting. 

The  manner  of  resignations  of  school  officers  is  fixed  by  subdivision  8,  section  961, 
statutes  of  189  8,  in  the  following  words:  "Resignation  by  a  school  district  officer 
shall  be  made  to  the  district  board."  It  is  clear  from  this  that  a  resignation  made  to 
the  electors  at  an  annual  meeting  is  not  the  resignation  contemplated  by  statute  and 
therefore  does  not,  without  some  other  act  of  the  officer,  create  a  vacancy. 

Section  4 3 Of. 

This  law  does  not  mean  that  school  must  be  maintained  in  the  additional  room  for 
the  entire  year  but  for  the  term  only  in  which  the  enrollment  is  beyond  the  limit. 
This  will  probably  be  the  winter  term.  If  the  enrollment  occurs  for  more  than  one 
term,  a  state  graded  school  should  be  organized.  The  advantages  of  organizing  a 
state  graded  school  where  the  number  of  pupils  enrolled  is  sixty-five  or  more,  are 
many  and  well  worth  while  considering.  Read  what  is  said  under  the  head  of  "State 
Graded  School,"  section  49 6d. 

GENERAL  OUTLINE  FOR  CONDUCTING  DISTRICT  MEETINGS. 

1.  Elect  a  chairman  (the  person  so  elected  may  or  may  not  be  a  member  of  the 
school  board). 

2.  If  the  district  clerk  is  not  present,  appoint  some  one  to  act  in  his  place.  A  full 
record  of  the  proceedings  of  the  meeting  and  the  business  transacted  must  appear  upon 
the  minutes. 

3.  The  minutes  of  the  last  annual  and  all  intervening  special  meetings,  if  any, 
should  be  read,  corrected  if  necessary,  and  approved. 

4.  The  itemized  reports  of  the  members  of  the  board  giving  the  receipts  and  ex- 
penditures for  the  year  ending  June  30th  should  be  read  and  acted  upon. 

5.  The  report  of  the  committee  of  three  taxpayers  appointed  at  the  last  annual 
meeting  to  examine  the  accounts  of  the  school  board  should  now  be  read. 

6.  Determine  the  length  of  time  school  shall  be  taught  during  the  ensuing  year, 
which  must  not  be  less  than  eight  months.  The  graded  schools  desirous  of  sharing  in 
the  special  state  aid  must  maintain  at  least  nine  months  of  school. 

7.  Vote  to  raise  a  tax  for  school  purposes  for  the  ensuing  year.  This  tax  should 
be  sufficient  to  enable  the  board  to  purchase  needed  apparatus  and  supplies,  and  the 
question  should  be  brought  up  by  the  board,  discussed,  and  a  conclusion  reached  as  to 
the  amount  needed,  at  the  board  meeting  on  the  Saturday  before  the  annual  meeting. 
(See  section  425,  School  Code.)  Any  person  has,  however,  the  right  to  make  a  mo- 
tion as  to  the  amount  that  shall  be  levied. 

8.  Appropriate  the  sums  of  money  necessary  for  repairs  to  the  school  building, 
fences,  out-houses,  grounds,  for  additional  furniture,  for  providing  for  heating  and  ven- 
tilation, repairing  or  placing  new  blackboards,  etc.,  etc.  The  members  of  the  school 
board  should  make  it  a  point  to  be  at  the  schoolhouse  in  a  body,  half  an  hour  or  so 
before  the  time  for  opening  the  meeting.  This  time  should  be  devoted  to  a  careful 
examination  of  the  condition  of  the  buildings  and  grounds.  This  is  also  a  good  time 
to  determine  the  cash  valuation  of  the  schoolhouse  and  the  site.  The  books  in  the 
library  (if  they  are  still  in  the  schoolhouse)  should  also  be  counted  and  examined,  and 
the  value  of  the  apparatus  estimated.  This  will  enable  the  clerk  to  make  a  satisfac- 
tory statement  in  regard  to  these  matters  in  his  forthcoming  report. 

9.  If  necessary  levy  a  tax  for  the  purpose  of  providing  money  for  the  purchase  of 
maps,  blackboards  and  school  apparatus  (see  sections  436  and  560i,  found  in  this 
code).  Expensive  school  apparatus  should  not  as  a  rule  be  purchased.  All  kinds  of 
apparatus  purchased  must  have  the  approval  of  the  county  superintendent  of  schools 

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School  Law  Comments. 

or  of  the  state  superintendent.  If  new  seats  and  desks  are  to  be  purchased  it  will  be 
worth  while  to  examine  into  the  merits  of  adjustable  steel.  School  officers  are  agents 
of  the  district  and  should  carefully  avoid  impositions.  The  state  superintendent 
will  give  no  agent  a  general  recommendation  for  books,  furniture,  or  apparatus  of 
any  kind.  Any  information  relating  to  these  things  is  only  given  upon  receipt  of  re- 
quests made  by  school  officers.  Keep  clearly  in  mind  that  any  person  purporting  to 
represent  the  state  superintendent  in  any  way  as  an  agent  for  school  supplies  of  any 
kind  is  an  impostor.  His  name,  business,  etc.,  should  be  reported  to  this  office  imme- 
diately upon  his  appearance  in  any  district  or  his  making  an  attempt  to  so  influence 
any  school  board  to  purchase  his  goods. 

10.  A  vote  should  be  taken  as  to  whether  or  not  the  district  treasurer  and  the  dis- 
trict director  shall  receive  a  salary  for  the  coming  year.  A  tax  must  be  levied  if  the 
vote  is  favorable.  The  school  district  officers  can  not  lawfully  draw,  countersign  or 
pay  an  order  upon  the  district  treasury  for  the  above  purpose  without  having  been  first 
authorized  to  do  so  by  majority  vote  of  the  electors. 

11.  Elect  officers  to  fill  vacancies.  This  election  must  be  by  ballot.  No  other  plan 
is  legal.  A  majority  (more  than  half  the  voters  voting  in  the  meeting)  is  necessary 
to  an  election. 

12.  Appoint  a  committee  of  three  taxpayers  to  examine  the  accounts  of  the  school 
board  between  the  30th  day  of  June  next  following  their  appointment  and  the  nearest 
annual  meeting,  this  committee  to  report  at  said  annual  meeting. 

13.  If  necessary,  vote  to  authorize  the  board  to  borrow  money.  The  electors  have 
authority  to  direct  the  board  to  borrow  money  from  some  bank  or  some  individual 
or  from  the  trust  funds.  If  this  matter  is  to  be  brought  before  the  meeting,  the  di- 
rections under  the  head  of  "Borrowing  Money,"  found  in  this  code  should  be  care- 
fully read  by  all  the  school  officers  and  by  other  parties  directly  interested.  Sections 
475,  476,  47  6a  of  this  code  should  be  carefully  read  and  studied  before  the  meeting 
is  held.  Read  sections  258d,  261,  263  and  section  435  in  order  to  determine  the 
maximum  amount  that  may  be  borrowed. 

14.  Vote  upon  the  question  of  authorizing  the  district  board  to  admit  to  the  privi- 
lege of  the  school,  nonresident  pupils  and  persons  over  twenty  years  of  age.  (See 
section  435o.) 

15.  Fix  a  fee  for  tuition  per  week,  month  or  term,  to  be  charged  for  persons  so 
admitted.  If  the  electors  do  not  decide  this  matter  the  duty  devolves  upon  the 
board.  The  maximum  fee  is  one  dollar  per  month  for  rural  schools,  and  one  dollar 
seventy-five  cents  for  attendance  upon  state  graded  schools  and  grades  below  the 
high    school. 

16.  Vote  upon  the  question  of  closing  the  district  school  for  one  or  more  terms 
or  for  the  year  and  providing  for  tuition,  or  tuition  and  transportation  to  adjoining 
districts  in  accordance  with  sections  430 — 1  to  430 — 8  and  496q  to  496t,  inclusive. 

17.  Vote  to  determine  whether  or  not  the  school  board  shall  be  directed  to  close 
the  school  and  provide  transportation  and  tuition  for  all  persons  of  school  age  who 
may  attend  a  state  graded  school  or  the  grades  below  the  high  school  in  some  ad- 
joining or  convenient  district.  (The  tuition  of  those  who  attend  the  high  school 
may  be  paid  by  the  town  in  which  they  reside.)  Section  4  9  6q  must  be  read  and 
studied  in  this  connection.  Any  district  complying  with  the  provisions  of  said  chap- 
ter is  entitled  to  receive  one  hundred  and  fifty  dollars  of  special  aid  from  the  state 
upon  filing  the  proper  application.  The  teacher's  wages,  cost  of  fuel,  repairs,  etc., 
can  be  used  wholly  or  in  part  to  pay  transportation  and  tuition.  By  adopting  this 
plan  many  districts  can  save  money  and  at  the  same  time  give  the  children  better 
school  advantages  than  if  a  small  school  were  maintained  in  the  district. 

18.  Vote  to  determine  whether  or  not  the  school  board  shall  be  authorized  to 
enter  into  contracts  with  parents,  guardians  or  other  persons  in  charge  of  any  pupil 
or  pupils  to  compensate  such  parents  or  guardian  for  transporting  any  pupil  or  pupils 
to  the  school.  The  statute  permits  compensation  to  be  paid  to  such  parents  or 
guardians  in  cases  where  the  distance  is  more  than  two  miles  from  the  school.  Upon 
a  proper  statement  made  to  the  state  superintendent  as  required  by  this  act,  a  war- 
rant may  be  drawn  upon  the  state  treasury  for  five  cents  per  day  for  each  day  any 
child  is  transported  under  certain  conditions.  Read  sections  430 — 4,  496q,  496r. 
and  496s. 

19.  Levy  a  tax  to  raise  money  for  the  payment  of  transportation  or  tuition  in 
case  advantage  should  be  taken  of  any  of  the  above  provisions. 

20.  Vote  upon  the  question  of  furnishing  free  textbooks  for  your  district.  Sec- 
tion 440  empowers  the  school  board  to  change  textbooks,  but  under  no  circumstances 
must  textbooks  be  changed,  unless  they  have  been  in  use  for  at  least  three  years. 

21.  Consider  whether  or  not  consolidation  of  school  districts  or  of  school  inter- 
ests in  your  neighborhood  will  be  advantageous.  Read  Sections  419b  to  419h  in- 
clusive and  496 — 1  to  4  96 — 9. 

22.  Consider  whether  or  not  your  school  may  be  profitably  organized  into  a  state 
graded  school  or  in  certain  cases  into  a  free  high  school.      Section  4 3 Of. 

Read  chapter  256,  laws  of  1905,  if  you  have  anything  like  sixty-five  pupils  en- 

.°.7.") 


School  Law  Comments. 

rolled  in  a  one-room  schoolhouse.  If  a  two  department  state  graded  school  is  estab- 
lished the  district  will  be  entitled  to  special  aid  to  the  amount  of  $200  each  year  and 
if  a  three  department  school  is  established  $300  will  be  paid  annually.  See  chapter 
289,  laws  of  1909.      (Sections  496d  to  496i  inclusive.) 

2.3.  Entertain  any  other  matter  relating  to  the  management  of  the  affairs  of  the 
district. 

24.  Adjourn  sine  die  if  the  business  of  the  district  has  been  satisfactorily  com- 
pleted. If  not  satisfactorily  completed,  it  will  be  well  to  adjourn  to  a  near  future 
day.  By  so  doing  the  trouble  of  calling  a  special  meeting  will  be  avoided.  As  many 
adjournments  as  are  necessary  to  complete  the  business  of  the  district  may  be  legally 
taken. 

Section  431. 

For  law  relating  to  school  boards  of  seven  members,  see  section  493a. 

In  reckoning  the  terms  of  district  officers,  the  time  from  the  first  meeting  of  a 
legally  organized  district  to  the  first  annual  meeting,  no  matter  how  short  that  may 
be,  is  to  be  considered  a  year,  because  all  subsequent  elections  must  take  place  at 
the  annual  meetings  of  the  district;  hence,  at  the  first  regular  annual  meeting  after 
its  organization  the  district  will  elect  a  clerk,  at  the  second  a  treasurer,  and  at  the 
third  a  director,  each  for  a  term  of  three  years.  Ordinarily,  but  one  district  officer 
will  be  elected  at  an  annual  meeting,  but  it  will  sometimes  be  necessary  to  fill  the 
unexpired  terms  of  those  who  have  vacated  their  offices. 

Section  443  provides  that  treasurers  shall  hold  their  offices  until  their  successors 
are  elected  or  appointed,  and  qualified  by  filing  the  required  bonds. 

Section  432. 

The  decision  of  a  majority  at  a  meeting  properly  convened,  is  the  decision  of  the 
board,  but  the  decision  of  a  majority,  or  even  of  all  three,  under  other  circumstances,, 
is  not  the  decision  of  the  board.  Members  of  the  board  must  obey  the  law  if  they 
desire  to  keep  themselves  and  the  district  out  of  trouble. 

It  was  held  in  16  Maine  R.,  18  5,  that  the  dismissal  of  a  teacher  by  two,  a  ma- 
jority of  the  board,  was  illegal,  because  the  third  was  not  notified,  although  he  was 
out  of  town.  The  court  says:  "That  does  not  allow  the  majority  to  dispense  with 
the  rule  requiring  notice.  They  are  not  in  such  cases  constituted  the  judges  whether 
the  notice  would  be  effectual  to  secure  his  attendance.  Nor  would  it  be  entirely 
safe  to  entrust  them  with  such  power,  as  it  would  afford  an  opportunity  to  select 
an  occasion  when  they  might  judge  that  a  notice  would  be  ineffectual,  and  thus,  by 
neglecting  to  give  it,  free  themselves  from  the  presence  of  a  dissenting  minority.  It 
may  often  happen  that  those  will  be  able  to  attend,  who  were  believed  to  be  so  situ- 
ated that  their  attendance  could  not  be  expected.  Nor  is  there  any  difficulty  in  giv- 
ing the  requisite  notice  in  such  cases,  as  one  left  at  the  usual  place  of  residence 
would  be  sufficient." 

A  single  member  of  the  board  may  be  authorized  to  carry  out  a  vote  or  deter- 
mination of  the  board,  such  as  making  a  purchase,  engaging  work  to  be  done,  etc. 

In  Nevil  v.  Clifford,  63  Wis.,  435,  the  court  held  that: 

1.  The  school  board  has  the  power  to  build  a  schoolhouse  out  of  funds  provided 
by  the  district  for  that  purpose,  but  has  no  power  to  build,  or  cause  to  be  built,  a 
schoolhouse,  and  then  make  the  cost  of  the  building  a  charge  against  the  school  dis- 
trict.    It  is  unlawful  for  the  board  to  incur  an  indebtedness  to  be  paid  in  the  future. 
Call  a  special  meeting  if  a  tax  levy  is  necessary  at  any  time. 

2.  The  voters  at  a  school  district  meeting  cannot  authorize  the  school  board  to 
contract  a  debt  on  behalf  of  the  district,  or  to  levy  a  tax  in  an  amount  beyond  the 
limit  of  their  own  powers  in  that  behalf. 

3.  Nor  can  a  school  district  ratify  a  contract  or  acts  of  the  school  board,  which 
it  would  have  no  power  to  authorize  in  the  first  instance. 

Section  433. 

Section  9  62,  of  the  "Wisconsin  statutes,  declares  when  offices  become  vacant. 
That  section  is  here  inserted: 

Section  962.  Every  office  shall  become  vacant  on  the  happening  of  either  of  the 
following  events: 

1.  The  death  of  the  incumbent. 

2.  His  resignation. 

3.  His  removal. 

4.  His  ceasing  to  be  an  inhabitant  of  the  state;  or  if  the  office  be  local,  his  ceas- 
ing to  be  an  inhabitant  of  the  district,  county,  town,  city  or  village  by  or  for  which- 
he  shall  have  been  elected  or  appointed,  or  within  which  the  duties  of  his  office  are 
required  to  be  discharged. 

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School  Law  Comments. 

5.  His  conviction  of  any  infamous  crime,  or  of  any  offense  involving  violation  of 
his  official  oath. 

6.  The  decision  of  a  competent  tribunal  declaring  void  his  election  or  appoint- 
ment, or  adjudging  him  insane. 

7.  The  neglect  or  refusal  of  any  person  elected  or  appointed  or  reelected  or  re- 
appointed to  any  office  to  give  or  renew  his  official  bond,  or  to  deposit  the  same  in  the 
manner  and  within  the  time  prescribed  by  law. 

8.  The  neglect  or  refusal  of  any  officer  in  office  to  execute  and  file  an  additional 
bond,  when  lawfully  required,  in  the  manner  and  within  the  time  so  required  or  pre- 
scribed by  law. 

9.  The  death  or  declination  in  writing  of  any  person  elected  or  appointed  to  fill 
a  vacancy,  or  for  a  full  term,  before  he  qualifies,  or  his  death  or  such  declination 
before  the  time  when,  by  law,  he  should  enter  upon  the  duties  of  his  office,  to  which 
he  was  elected  or  appointed. 

10.  On  the  happening  of  any  other  event  which  is  declared  by  any  special  provi- 
sion of  law  to  create  a  vacancy. 

This  section  introduces  authority  for  the  village  clerk  to  appoint  members  of  dis- 
trict boards,  or  members  of  boards  of  joint  districts,  in  all  cases  where  the  members 
of  the  boards  themselves  fail  to  fill  a  vacancy  in  their  own  number. 

This  power  of  appointment  by  the  village  or  city  clerk  does  not  extend  beyond  the 
limits  of  the  district  in  which  an  organized  village  or  city  is  located. 

When  a  vacancy  in  the  board  of  a  joint  school  district  has  not  been  filled  by  the 
board  itself  within  ten  days,  such  vacancy  must  be  filled  by  appointment  made  by 
the  clerk  of  the  town,  village  or  city  in  which  the  schoolhouse  of  the  joint  district 
is  situated. 

Section   432. 

By  this  section  it  is  made  the  duty  of  the  town,  city  or  village  clerk  to  fill  a  va- 
cancy in  a  district  board  when  he  is  officially  informed  of  its  existence;  but  his  func- 
tion is  administrative,  not  judicial,  and  does  not  clothe  him  with  authority  to  inquire 
into  the  validity  of  an  officer's  election  or  appointment,  or  to  declare  an  office  vacant. 

The  sufficiency  of  the  treasurer's  bond  must  be  determined  by  the  director  and 
clerk,  but  they  are  bound  to  exercise  a  sound  discretion  and  may  not  use  this  power 
to  defeat  the  will  of  the  district. 

The  wilful  and  unjust  refusal  of  the  officer  required  to  approve  the  official  bond 
of  a  person  elected  or  appointed  to  an  office,  to  give  it  his  approval,  cannot  deprive 
such  person  of  his  office  or  create  a  vacancy  therein. 

"If  the  failure  of  a  person  appointed  to  an  office  to  file  his  official  bond  within 
the  time  prescribed  was  due  to  no  neglect  or  default  on  his  part  (as  where  the  officer 
required  to  approve  such  bond  withheld  his  approval  on  the  ground  that  the  appoint- 
ment was  invalid),  such  appointee  may,  after  judgment  in  his  favor  in  an  action  to 
oust  an  usurper  from  the  office,  file  his  bond  and  do  any  other  act  necessary  to  en- 
title him  to  discharge  the  duties  of  the  office."  See  section  3471,  W.  S.;  65  Wis., 
510. 

The  word  "town"  may  be  construed  to  include  all  cities,  wards,  or  districts,  un- 
less such  construction  would  be  repugnant  to  the  provisions  of  any  act  specially  re- 
lating to  the  same.      Subd.  17,  sec.  4971,  W.  S. 

The  power  of  a  district  board  to  fill  a  vacancy  continues  but  ten  days;  if  they  do 
not  fill  it  in  that  time,  the  duty  devolves  upon  the  town  clerk.  But  neither  the  board 
nor  the  town  clerk  is  authorized  to  act  judicially,  and  set  aside  an  election,  where 
an  officer  is  deemed  to  have  been  elected  illegally.  Such  person  having  been  de- 
clared elected,  and  having  entered  upon  the  office,  will  be  held  to  be  an  officer  de 
facto  until  the  illegality  of  his  election  is  determined  by  competent  authority. 

In  other  cases  the  board,  town,  city  or  village  clerk,  before  making  an  appoint- 
ment, must  of  necessity  decide  in  view  of  the  facts  that  a  vacancy  exists,  and  in  the 
order  making  the  appointment,  the  facts  which  have  caused  the  vacancy  should  be 
stated. 

In  case  of  expiration  of  a  term  of  service,  and  no  election  to  fill  the  vacancy,  it 
is  to  be  understood  that  the  term  does  not  actually  expire  until  ten  days  after  the 
annual  meeting.  The  board  then  has  power,  for  ten  days,  to  fill  the  vacancy;  and 
the  town  clerk  has  therefore  no  power  to  fill  it  until  twenty  days  after  the  annual 
meeting. 

In  case  of  a  single  vacancy  in  the  district  board,  those  in  office  possess  all  the 
powers  of  a  full  board  for  the  purpose  of  filling  such  vacancy,  but  if  two  vacancies 
exist  at  the  same  time,  the  remaining  member  cannot  fill  them.  It  must  be  done  by 
the  town  clerk. 

A  person  should  not  be  reappointed  who  refuses  to  serve,  or  whose  resignation 
has  been  accepted.  The  statute  regards  the  penalty  for  refusing  to  serve  as  an  equi- 
valent for  the  service.      (See  section  500.) 

In  case  of  appointment,  the  term  of  office  of  the  appointee  expires  at  the  next 

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School  Law  Comments. 

annual  meeting,  and  if  a  successor  is  not  then  elected,  the  incumbent  cannot  hold  the 
office  more  than  ten  days  after  the  annual  meeting,  except  in  Uie  case  of  the  treasurer 
who  will  hold  the  office  until  his  successor  has  filed  his  bond.  It  then  becomes  the 
duty  of  the  board  to  fill  such  vacancy,  and  if  they  neglect  to  fill  it,  this  duty  devolves 
on  the  town  clerk. 

Section  434. 

A  school  district  is  a  corporate  body,  and  as  such  has  perpetual  succession  and 
existence  in  its  corporate  name,  and  the  capacity  to  hold  real  and  personal  estate  for 
its  corporate  purposes.  It  possesses  this  power  as  a  legal  body  wholly  distinct  from 
the  individuals  who  from  time  to  time  composeMt.  The  district  can  act  as  a  corpora- 
tion only  through  its  officers.  The  power  to  purchase  or  lease  a  site  for  a  school- 
house,  or  to  build,  hire  or  purchase  a  schoolhouse.  or  to  sell  any  schoolhouse,  site 
or  other  property,  belongs  exclusively  to  the  district  board.  It  is  often  the  case  that 
a  building  committee  is  appointed  by  the  district  to  superintend  the  erection  of  a 
schoolhouse.  Although  the  law  contemplates  no  such  committee,  there  may  be  no 
serious  objection  to  it,  if  it  can  aid  the  board  by  its  advice  and  service  in  carrying 
out  the  wishes  of  the  people.  But  the  district  board  alone  has  power  to  bind  the 
district  by  a  contract,  written  or  verbal,  and  the  district  has  no  power  to  supersede 
them  by  appointing  a  building  committee,  or  any  other  agents. 

A  stringent  contract,  which  in  all  cases  should  be  in  writing,  with  proper  provi- 
sions for  the  adjustment  of  any  questions  that  may  arise  under  it,  should  be  made. 

The  inhabitants  of  a  district  assembled  in  district  meeting,  should  give  plain 
and  specific  instructions  to  the  district  board  in  regard  to  the  matters  referred  to 
in  this  section.  All  votes  relating  to  purchase  or  sale  of  a  site,  schoolhouse,  or  other 
district  property,  should  be  taken  by  yeas  and  nays,  and  all  proceedings  should  be 
entered  at  length  upon  the  record  book  of  the  district.      See  form  No.  24. 

Section  435. 

An  admission  fee  may  be  charged  for  admission  to  entertainments  given  in  the 
public  school  building.      Read  section  515a  under  "cities." 

The  books  and  records  of  the  district  are  by  law  committed  to  the  care  of  the 
clerk.      The  board  has  exclusive  control  of  all  property  belonging  to  the  district. 

It  is  the  duty  of  the  board  to  provide  the  necessary  appendages  for  the  school- 
house,  without  waiting  for  instructions  from  the  people  of  the  district.  They  are 
also  required  to  keep  the  schoolhouse  in  good  condition  and  repair  during  the  time 
a  school  shall  be  taught  therein.  This  duty  should  be  promptly  and  efficiently  per- 
formed. Under  this  section  the  board  has  power  to  cause  to  be  built  suitable  out- 
houses, and  to  provide  blackboards  and  other  things  necessary  to  the  successful  man- 
agement of  the  school.      See  section  436. 

It  may  be  wise  for  district  officers  to  be  guided  by  the  .expressed  wish  of  the  dis- 
trict concerning  matters  which  this  section  commits  to  their  care;  but  no  vote  of  the 
electors  of  a  district  can  divest  its  officers  of  the  authority  or  relieve  them  of  the 
responsibility  with  which  the  statutes  cloth  them. 

In  the  exercise  of  the  discretion  confided  to  the  board  under  this  section  it  should 
distinguish  between  things  necessary  and  things  unnecessary,  though  perhaps  de- 
sirable.     (See  sections  435a  and   436  for  other  statutory  powers.) 

Retaining  and  using  seats  or  other  equipment  bought  on  credit  is  not  a  ratifica- 
tion of  the  express  contract  made  by  the  board  therefor,  when  such  contract  was 
never  presented  to  the  voters  of  the  district,  and  there  is  no  evidence  to  show  that 
they  knew  its  terms.  But  such  retention  and  use  amount  to  an  approval  of  the  pay- 
ment of  the  purchase  price  for  such  seats  by  the  board:  Kane  v.  School  District, 
52  Wis.,  5  02.  But  if  the  terms  of  such  contract  had  been  made  known  to  the  voters 
of  the  district  at  some  meeting  thereof,  and  they  had  failed  to  act  thereon  and  had 
afterwards  authorized  the  district  officers  to  use  the  articles  purchased,  probably  this 
would  have  bound  the  district. 

The  board  should  also  visit  the  school,  inspect  the  buildings  and  grounds  and 
see  that  the  school  building  is  insured  in  some  good  company.  See  sections  441 — - 
441a. 

Section  435d. 

This  statute  gives  any  school  community  an  opportunity  to  organize  for  social  and 
educntional  purposes.  It  will  be  a  good  plan  to  hold  a  general  meeting  of  the  resi- 
dents of  the  district  for  the  purpose  of  organization.  At  this  meeting  a  committee  can 
be  appointed  or  elected  to  carry  out  any  plans  that  the  people  may  decide  upon  or  after 
electing  the  committee  and  after  some  general  directions  as  to  the  general  character  of 
the  discussions  and  meetings,  the  committee  can  be  directed  to  prepare  a  program  and 
directed  to  report  at  an  adjourned  meeting  held  a  few  days  later.  At  this  meeting  a 
definite  plan  or  program  can  be  fairly  well  worked  out  and  agreed  upon.  Matters 
of  direct  interest  such  as  farming,  manufacturing,  marketing,  town  or  district  affairs, 
sanitation  for  the  farm  and  home,  etc.,  etc..  etc.,  may  form  the  basis  for  discussions  or 

37S 


s<  iiooL  Law  Comments. 

entertainments,  lectures,  joint  debates  between  districts  can  be  arranged.  Care  must 
be  exercised  that  these  meetings  are  not  held  too  frequently;  that  matters  which  tend 
to  bring  about  an  unpleasant  factionalism.are  not  brought  up  for  discussion;  that  the 
gatherings  become  frivolous  and  without  meritorious  purpose  or  that  any  one  is  ex- 
cluded from  participation.  If  properly  planned  and  conducted  these  meetings  offer 
large  opportunities  for  good  and  for  the  welfare  of  the  district,  but  unless  well  directed 
they  will  prove  to  be  of  little  if  any  value.  The  state  superintendent  will  gladly  ad- 
vise with  any  school  officers  or  committee  having  charge  of  work  to  be  carried  on  un- 
der the  provisions  of  this  chapter. 

Section  4  36. 

It  is  Avorth  while  to  emphasize  that  provision  which  requires  that,  "All  such  pur- 
chases shall  be  approved  at  a  regular  meeting  of  said  board,  at  which  all  the  members 
thereof  shall  be  present."  No  contract  made  in  violation  or  neglect  of  this  plain  re- 
quirement will  bind  the  district,  and  all  questions  as  to  payment  of  the  purchase  price 
of  any  school  apparatus  contracted  for  without  the  regular  meeting  of  the  board  must 
be  settled  by  the  firm  or  agent  and  the  school  officers  as  individuals.  They  and  not  the 
district  assume  all  responsibilities. 

This  enlarges  the  scope  of  section  4  36,  statutes  of  1898,  by  giving  the  board  specific 
authority  to  expend  for  needed  appliances  for  the  schoolroom  the  sum  of  $100,  in- 
stead of  $75  as  heretofore.  It  is  also  more  specific  in  its  statements  of  what  may  be 
purchased.  The  question  will  undoubtedly  occur  as  to  what  is  to  be  included  under 
the  different  heads  mentioned  in  this  statute.  In  the  matter  of  supplementary  read- 
ers, there  should  be  as  many  copies  of  the  primer  as  there  are  pupils  in  the  primer 
class.  The  same  rule  will  apply  to  supplementary  first  readers,  second  readers  and 
third  readers.  There  should  be  at  least  one  Academic  Dictionary  for  every  six  pupils 
doing  work  in  the  middle  and  upper  forms.  One  set  of  at  least  eight  maps  in  a  close, 
dust-proof  roller  case;  one  globe  8  or  10  or  12  inches  in  diameter,  with  a  suitable 
case.  The  cost  of  the  globe  and  the  case  should  not  exceed  $6.00.  Entirely  satisfac- 
tory globes  are  frequently  purchased  for  less.  A  good  blackboard  at  least  20  feet  long 
and  four  feet  wide,  (slate  is  always  to  be  preferred)  making  at  least  80  square  feet  of 
surface  should  be  provided.  In  a  primary  department  or  a  school  of  one  department 
only,  the  bottom  of  this  board  should  not  be  more  than  28  inches  from  the  floor.  The 
schoolroom  should  be  kept  furnished  with  seats  and  desks  in  good  condition.  All 
desks  of  the  same  size  should  be  placed  in  the  same  range  or  row.  Single  desks  are 
always  to  be  preferred.  No.  2  desks  will  accommodate  the  largest  pupils  enrolled  in 
rural  schools  and  No.  5  will  accommodate  the  smallest.  Adjustable  seats  and  desks, 
while  somewhat  more  expensive,  will  enable  the  teacher  to  regulate  the  height  to  ac- 
commodate the  pupils.  Care  must  be  taken  to  place  the  desks  so  that  the  pupils  may 
be  able  to  use  them  and  to  take  comfortable  positions  at  them  without  having  to  lean 
forward.  As  a  rule  the  desks  should  be  so  placed  that  a  line  dropped  from  the  front 
edge  will  strike  from  two  to  three  inches  inside  the  front  edge  of  the  seat;  or  in  other 
words,  the  front  edge  of  the  desk  should  overlap  or  overreach  the  front  edge  of  the 
seat  below.  If  possible  the  desks  should  be  so  placed  that  the  light  may  come  from 
the  rear  and  left  of  the  pupils.  Recitation  seats  should  be  provided  in  number  suf- 
ficient to  accommodate  the  largest  classes. 

HEATING  AND  VENTILATING  SCHOOLROOMS. 

Hot  Air  Furnace. 

The  matter  of  properly  heating  and  ventilating  the  schoolroom  is  of  the  utmost  im- 
portance. The  schoolroom  should,  if  possible,  be  kent  at  a  uniform  temperature  of 
7  0  degrees  P.  and  should  be  continually  supplied  wih  warmed  fresh  air  while  the 
school  is  in  session.  In  order  that  this  frpsh  air  may  be  supplied  it  is  necessary  that 
a  fresh  air  inlet  and  a  foul  air  outlet  shall  be  constructed  of  a  capacitv  sufficient  to 
meet  the  needs  of  the  room.  A  basement  furnace  proDerlv  installed  with  a  fresh  air 
intake  and  with  a  foul  air  outlet,  will  heat  and  ventilate  the  room  and  keep  the  floor 
comfortably  warm  at  thp  same  time.  The  fresh  air  intake  provided  for  any  furnace 
should  be  at  least  14  inchps  in  diameter.  The  foul  air  outlet  must  be  larger  than  tne 
fresh  air  intake.  The  chimnev  built  for  thp  outlet  mrfst  be  at  least  16x16  or  12x24 
inches  inside  measurement.  fOrdinarv  bricks  are  2x4x8  inches  in  measurement  and. 
consequently  will  not  build  well  into  a  chimnev  the  dimensions  of  which  are  not  divisi- 
ble by  4.)  This  really  means  a  chimney  with  the  flue  large  enough  to  carry  off  the 
smoke  from  thp  furnacp  as  well  as  thp  foul  air  from  the  room.  This  foul  air  outlet  or 
chimney  must  be  provided  with  a  suitable  register  (the  "wing"  or  "window  shutter" 
kind  preferred ).  at  least  16x20  inches  or  12x28  inches  placed  on  nnp  sid°  of  the  foul 
air  outlet,  the  lower  end  of  the  register  reaching:  to  the  floor.  This  will  enable  the 
teacher  to  control  the  foul  air  ventilation.  The  hot  air  from  the  furnace,  in  order  to 
secure  the  best  ventilation,  must  be  admitted  into  the  room  from  an  opening  (a  regis- 
ter similar  to  the  register  provided  for  the  foul  air  outlet  but  somewhat  smaller)  near 
the  ceiling.      This  demands  that  a  hot  air  nine  shall  carry  the  fresh  air  from  the  fur- 

379 


School  Law  Comments. 

nace  between  the  walls  of  the  building,  or  that  a  suitable  chimney  extending  partly 
into  the  room,  or  that  a  pipe  of  proper  size  built  of  steel  shall  be  provided.  The  warm 
air  should  be  admitted  through  the  register  into  the  room'on  the  same  side  of  the 
room  where  the  foul  air  outlet  is  constructed.  This  will,  if  the  windows,  doors,  floor 
and  ceiling  are  tight,  provide  for  a  better  distribution  of  the  heated  fresh  air  through- 
out the  room,  than  can  be  obtained  by  placing  the  hot  air  register  in  the  floor.  If, 
however,  the  hot  air  register  is  placed  on  the  floor  it  will  be  well  to  have  a  circular 
jacket  placed  over  the  register  and  extended  up  into  the  room  two  or  three  feet.  This 
will  direct  the  hot  air  current  directly  towards  the  top  of  the  room  and  will  prevent 
the  pipe  from  becoming  filled  with  dust  and  sweepings  from  the  floor. 

The  Jacketed  Stove. 

A  stove  of  sufficient  size  and  shape,  properly  jacketed,  with  suitable  provisions  for 
the  admission  of  fresh  air  and  for  carrying  off  the  foul  air,  may  be  made  to  meet  the 
requirements  of  the  law  as  stated  in  sections  560h — 5601.  A  careful  investigation  of 
various  methods  for  obtaining  ventilation  by  the  use  of  a  jacketed  stove  leads  to  the 
conclusion  that  the  following  is  the  only  home-made  system  that  the  school  boards  are 
safe  in  placing  in  their  schools: 

A  stove  of  round-oak  type,  having  a  firepot  20  inches  or  more  in  diameter  for  a 
room  20  by  32  feet,  and  a  larger  firepot  for  a  larger  room  should  be  used.  This  should 
be  placed  in  the  end  of  the  room  where  the  chimney  is  built.  This  is  important  in 
order  to  secure  a  proper  distribution  of  heat  and  circulation  of  fresh  air.  Do  not, 
however,  place  the  heater  directly  in  front  of  the  chimney  if  it  can  be  avoided.  In 
case  it  seems  desirable  or  cannot  be  avoided,  the  heater  must  be  placed  at  least  eight- 
een inches  from  the  chimney  and  that  part  of  the  jacket  back  of  the  stove  should  reach 
to  the  floor.  A  fresh  air  pipe  at  least  12  inches  in  diameter  should  be  brought  from 
the  outside  of  the  building  to  a  point  immediately  behind  the  stove.  The  opening  of 
this  pipe  should  be  opposite  the  fire-pot  and  inside  the  jacket,  that  is,  it  should  reach 
or  project  to  a  point  4  inches  above  the  bottom  of  the  jacket  which  is  to  be  placed 
about  the  stove.  If  this  fresh  air  intake  opens  below  the  stove  through  a  register  it 
will  be  found  that  the  cold  air  will  blow  out  under  the  heater  and  the  jacket  and  over 
the  floor  and  cause  the  floor  to  be  cold  unless  the  fresh  air  ventilation  is  entirely  cut 
off.  A  jacket  should  be  built  to  fit  around  the  stove.  This  should  extend  at  least  6 
inches  from  the  heater  at  all  points  and  should  be  lined  with  asbestos  paper  and  corru- 
gated tin.  The  tin  lining  is  necessary  in  order  to  keep  the  asbestos  in  its  place  and 
from  being  torn  by  the  pupils.  This  lining  will  prevent  any  direct  transmission  of 
heat  through  the  jacket.  The  jacket  should  be  built  with  heavy  steel  rings  at  the 
top  and  bottom  and  steel  frames  for  the  door  in  order  that  it  may  withstand  hard 
usage.  It  must  entirely  surround  the  stove  and  be  provided  with  one  or  more  doors 
through  which  the  fuel  and  ash  doors  may  be  reached.  The  bottom  of  this  jacket 
should  be  placed  at  least  8  inches  above  the  floor  on  stout  straps  or  steel  legs.  A 
tight-fitting  damper  should  be  provided  in  the  fresh  air  intake  near  the  outer  end,  so 
arranged  that  it  may  be  regulated  from  the  inside  of  the  room  according  to  the  wind 
and  weather  or  may  be  closed  when  school  is  not  in  session.  This  "cut-off"  or  damper 
may  be  placed  close  to  the  wall  inside  the  room  in  most  cases.  This  plan  provides 
means  for  bringing  into  the  room  plenty  of  pure  air  and  also  takes  care  of  the  heating 
part  of  this  ventilation  system. 

An  important  feature,  one  which  must  not  be  deviated  from,  is  the  construction  of 
the  smoke  chimney  and  the  foul  air  ventilation.  The  chimney  should  be  built  from 
the  ground  up  and  should  be  at  least  16  inches  square  inside.  The  best  results  will  be 
obtained  if  this  is  a  double  course  chimney  in  order  that  as  much  heat  as  possible  may 
be  retained  in  the  ventilation  shaft.  A  stack  or  pipe  8  inches  in  diameter  made  of 
steel  or  tile  should  be  placed  in  the  center  of  this  chimney.  A  "T"  for  receiving  the 
smoke  pipe  from  the  stove  should  pass  from  this  steel  or  tile  stack  or  pipe  through  the 
walls  of  the  chimney  at  the  proper  height  from  the  floor  to  receive  the  smoke  pipe  from 
the  stove.  The  bottom  of  this  steel  stack  or  tile  pipe  must  be  tightly  closed  and  all 
joints  made  tight. 

The  term  "double  course  chimney"  must  not  be  misunderstood  to  menu  a  double- 
flue  chimney.  The  chimney  should  consist  of  a  single  flue  only.  Neither  must  it  be 
understood  that  the  eight-inch  stack  or  pipe  must  reach  to  the  bottom  of  the  chim- 
ney. If  it  extends  just  below  the  point  where  the  "T"  projects,  that  wiil  be  all  suffi- 
cient. A  "double  course  chimney"  is  one  of  double  thickness  or  built  of  two  courses 
of  brick.  The  chimney  should  go  out  through  the  peak  of  the  roof  and  stand  at  least 
5  feet  above  the  peak  and  the  steel  stack  or  pipe  within  the  chimney  should  be  placed 
a  foot  higher  than  the  chimney  itself.  A  wing  register  16  by  20  inches  should  be 
placed  in  the  bottom  of  this  large  chimney,  the  lower  edge  of  the  register  placed  even 
with  the  floor  line.  •  The  idea  is  that  the  foul  air  will  pass  cut  through  the  space 
surrounding  the  steel  stack  or  pipe  inside  the  chimney  and  a  good  upward  draft  will 
be  maintained,  especially  in  the  winter  time,  because  of  the  heat  transmitted  through 
the  steel  stack  or  tile  pipe. 

This  system  has  been  quite  thoroughly  tested  and  is  recommended  as  having 
proved  satisfactory. 

3S0 


School  Law  Comments. 

Demand  Guarantee. 

The  board  members  should  be  constantly  on  their  guard  against  cheap  and  unsatis- 
factory ventilating  apparatus  recommended  by  persons  not  responsibly  engaged  in  the 
business  of  supplying  such  appliances.  If  home-made  appliances  are  to  be  used  the 
plan  above  described  should  be  strictly  followed.  There  are  several  patented  systems 
on  the  market  that  have  proved  satisfactory  and  may  be  purchased  outright  from  the 
dealers  or  firms  by  district  boards  if  they  so  prefer.  Any  one  of  these  systems  will  be 
installed  by  the  company  furnishing  it  and  will  also  be  fully  guaranteed.  Under  no 
.circumstances  should  any  imtented  heating  and  ventilating  system  be  installed  by  any 
agent  or  company  unless  the  chimney  is  at  least  12  inches  square  inside  measurement, 
or  the  equivalent;  that  is,  144  inches  in  area.  The  foul  air  pipe  must  also  be  12  inches 
in  diameter.  It  is  practically  useless  to  pay  out  money  for  the  installment  of  any  kind 
of  heating  and  ventilating  apparatus  unless  the  arrangement.-  and  appliances  for  its 
successful  operation  are  provided.  Salesmen  and  even  principals  of  firms  selling  such 
apparatus  may  insist  that  their  especial  system  will  perform  the  work  and  meet  all  re- 
quirements with  almost  any  kind  or  size  of  chimney.  It  must  be  remembered,  how- 
ever, that  these  people  are  business  people  and  that  it  is  one  part  of  their  business  to 
sell  their  systems,  and  while  it  is  not  my  disposition  or  purpose  to  in  any  way  interfere 
or  hinder  such  people  in  their  legitimate  plans,  I  nevertheless  deem  it  my  duty  to  insist 
that  any  system  of  heating  and  ventilation  shall  be  properly  installed  and  that 
school  districts  and  school  district  officers  shall  be  protected  and  the  comfort  of  the 
children  shall  be  secured,  rather  than  otherwise.  The  instructions  given  here  &re  the 
result  of  experience,  careful  study  and  investigation  as  well  as  consultation  with 
persons  skilled  in  matters  pertaining  to  schoolroom  sanitation.  Do  not  neglect  to 
demand  and  secure  a  strong,  clearly  worded  guarantee  from  any  firm  that  installs  a 
plant  in  your  school  building.  The  county  (superintendent  can  doubtless  give  the 
school  boards  necessary  information  concerning  the  cost  of  installing  any  one  of 
these  systems  and  also  give  the  address  of  the  company  by  whom  it  is  furnished. 
School  boards  must  keep  in  mind,  however,  that  a  cheap  sheet-iron  fence  or  shield 
around  an  ordinary  stove,  with  a  fresh  air  register  under  the  stove  and  a  ventilating 
pipe  stuck  into  the  side  of  a  chimney,  will  not  be  considered  as  a  "system  of  ven- 
tilation and  heat  distribution"  within  the  meaning  of  these  terms  as  used  in  the 
statutes  and  as  interpreted  by  this  department.  Under  no  conditions  will  any  sys- 
tem ventilate  the  schoolroom  properly  if  any  considerable  quantity  of  outdoor  air 
is  permitted  to  enter  the  room  through  windows  and  doors,  through  cracks  in  the 
floor,  openings  under  the  baseboard  or  openings  in  the  ceiling.  A  ceiling  made 
with  a  thin  coat  of  plaster  or  a  ceiling  that  is  full  of  cracks  and  openings  will  inter- 
fere seriously  with  the  perfect  working  of  any  ventilating  system  because  it  allows 
the  heated  fresh  air  to  escape  from  the  room  into  the  attic  without  resulting  in  any 
benefit  whatever  to  the  pupils.  Tight  walls  and  ceilings,  tight  floors,  close  fitting 
doors  and  windows  are  as  essential  to  the  successful  working  of  a  heating  and  ven- 
tilating plant  as  are  the  fresh  air  inlets,  the  foul  air  outlets,  the  jacketed  stove  or 
furnace  or  a  patented  system. 

Care  of   Schoolhouse,   Furniture,    Outbuildings. 

The  walls  of  the  schoolroom  should  be  kept  clean  at  all  times  and  provisions 
should  be  made  for  cleaning  the  floor  and  woodwork  every  month.  During  cold 
weather  the  air  should  under  no  circumstances  be  allowed  to  circulate  under  the 
schoolroom  floor. 

See  section  14  08c  regarding  the  cleaning  of  the  schoolhouse  before  school  opens 
and  after  the  outbreak  of  any  contagious  disease.  This  law  should  be  read  by  teach- 
ers as  well  as  school  officers.      (Sections  1408a — 1408d  inclusive.) 

The  foundation  wall  or  underpinning  of  the  school  building  should  be  made  and 
Ttept  air-tight  during  the  winter.  Windows  should  be  properly  curtained  and  sup- 
plied with  conveniences  that  will  permit  the  teacher  to  regulate  the  amount  of  light 
admitted  to  the  schoolroom.  Curtains  that  can  be  attached  by  cords  and  pulleys  to 
an  ordinary  window  will  be  more  satisfactory  than  curtains  fixed  to  spring  rollers 
attached  to  the  bottom  or  top  of  the  window,  but  curtains  with  rollers  fixed  at  the 
lower  part  of  the  window  are  more  satisfactory  than  those  with  rollers  fixed  at  the 
top.  The  light  from  the  upper  part  of  the  window  is  the  most  satisfactory  for  all 
schoolroom  purposes. 

A  good  substantial  card  catalogue  case  with  a  sufficient  number  of  cards  for  cata- 
loguing the  school  library  books  should  be  furnished.  The  books  must  be  properly 
catalogued  and  a  suitable  case  provided  in  which  to  keep  them.  Both  cases  should 
T>e  dust  proof  and  the  library  case  provided  with  a  lock  and  key. 

The  school  building  should  be  kept  in  good  condition  and  free  from  unsanitary 
features.  At  least  two  suitable  and  convenient  outhouses  placed  at  least  thirty  feet 
apart  and  separated  from  each  other  by  a  tight  board  fence  at  least  seven  feet  high, 
must  be  provided   and   kept  in  clean   and   wholesome  condition.      Section   435a   pro- 

381 


School  Law  Comments, 

vides  that  if  the  electors  of  the  district  fail  to  vote  for  a  sum  sufficient  to  enable  the 
board  to  meet  the  requirements  of  said  chapter,  it  shall  be  "the  duty  of  the  district 
board  before  the  third  Monday  of  November  to  meet  and  determine  the  amount  need- 
ed to  provide  and  maintain  the  outhouses  and  board  walks  as  required,  and  the  clerk 
must  certify  to  the  town  clerk  the  amount  so  determined.  The  town  clerk  must  then 
place  said  amount  in  the  tax  roll  to  be  levied  and  collected  as  other  school  taxes  are 
levied  and  collected.      This  is  mandatory  upon  school  boards. 

In  addition  to  the  above,  sections  5 6 Of  to  5 6 On  require  that  the  teaching  shall 
-be  "efficient."  In  order  that  the  teaching  work  may  be  considered  efficient  it  is 
essential  that  good  order  shall  have  been  maintained  in  the  school;  that  the  teacher 
shall  have  been  competent,  faithful  and  progressive  in  her  work  and  the  district  must 
have  maintained  what  will  be  considered  by  the  county  superintendent  and  by  in- 
telligent patrons  as  a  good  school  in  every  essential  particular  before  aid  can  be 
given. 

A  school,  maintained,  furnished  and  provided  as  set  forth  in  the  law  and  as  in- 
terpreted in  this  circular  shall  be  entitled  to  receive  special  aid  to  the  amount  of  $50 
annually  for  three  years. 

The  annual  report  made  by  the  district  clerk  under  the  requirements  of  section 
4  62,  and  a  special  report  of  the  county  superintendent  for  the  year  ending  June  30, 
must  be  the  basis  for  making  the  special  or  merited  apportionment. 

Section  43  5a 

This  is  an  important  statute.  School  boards  should  not  delay  in  complying  with 
its  requirements.  It  is  compulsory  and  is  intended  to  remedy  conditions  that  are  a 
disgrace  to  many  districts  and  which  should  not  be  permitted  to  continue  a  day 
after  school  opens.  Read  this  chapter,  call  a  board  meeting,  read  the  chapter  to  your 
fellow  members  on  the  board  and  make  arrangements  to  comply  with  its  provisions  at 
once.  The  health  and  moral  welfare  of  children  demand  immediate  action  at  your 
hands  and  under  the  demands  of  this  law. 

This  Rule  of  State  Board  of  Health,  copied  below,  has  the  full  force  and  effect 
of  law  in  every  particular. 

Rule  27.  Toilets.  Water-closets,  dry  closets  and  outhouses  shall  be  kept  clean 
and  sanitary  at  all  times.  Water-closets,  and  dry  closets  when  provided,  shall  be  ef- 
ficient in  every  particular,  and  when  said  closets  are  not  provided,  then  good  fly- 
tight,  well-ventilated  outhouses  for  both  sexes,  separated  by  closely  built  fences, 
shall  be  provided.  Good,  dry  walks  shall  lead  to  all  outhouses,  and  closely  built 
screens,  or  shields,  shall  be  built  in  front  of  them.  Outhouses  for  males  shall  have 
urinals  arranged  with  stalls  and  with  conduits  of  galvanized  iron^  or  other  imper- 
vious material,  draining  into  a  sewer,  vault,  or  other  suitable  place. 

Rule  28.  Health  officers  shall  enforce  these  rules,  and  promptly  enter  prosecu- 
tion for  any  violation  thereof. 

Penalty  for  Violation.  Any  person  who  shall  wilfully  violate  any  law  relating 
to  the  public  health  for  which  violation  no  other  penalty  is  prescribed,  or  any  order 
or  regulation  of  any  board  of  health,  lawfully  made  and  duly  published,  shall  be 
punished  by  imprisonment  in  the  county  jail  not  more  than  three  months  or  by  fine 
not  exceeding  one  hundred  dollars. 

.Section  437 

While  the  law  has  restrained  districts,  on  the  one  hand,  from  voting  excessive 
taxes,  it  has  also  provided  a  security  against  the  parsimony  or  negligence  that  would 
sometimes  fail  to  open  schools  at  all,  or  that  would  open  them  for  an  insufficient 
period.  Eight  months'  school  in  each  year  is  the  smallest  amount  that  entitles  a  dis- 
trict to  share  in  the  income  of  the  school  fund.  The  district  board  is  charged  with  the 
duty  of  making  this  provision,  if  it  is  not  done  by  the  district.  The  neglect  on  the  part 
of  the  board  to  do  this  is  punishable  by  fine,  or  removal  from  office.  See  sections  5  07, 
4549  and  4550. 

Section   438 

The  duty  here  devolving  upon  a  district  board,  like  any  other  act  performed  by 
it,  must  be  preceded  by  a  regular  meeting,  as  provided  for  in  section  432.  The 
district  board  has  no  authority  whatever  for  paying  money  from  the  district  treas- 
ury for  the  services  of  a  teacher  who  has  not  been  hired  strictly  in  accord  with  stat- 
utory direction.  See  section  43  2  and  the  comments  thereon.  Through  failure  to 
comply  with  the  law,  district  officers  render  themselves  and  their  district  liable  to 
serious  pecuniary  loss. 

Two  of  the  board  may  be  in  favor  of  hiring  a  certain  teacher,  and  may  think  that 
because  they  are  a  majority  there  is  no  need  of  a  meeting  to  consider  the  subject. 
But  each  member  of  the  board  has  an  equal  right  to  be  heard.  Two  of  the  board 
have  no  right  to  assume  that  the  other  member  may  not  be  able  to  give  good  rea- 

382 


School  Law  Comments. 

sons  for  hiring  some  other  person  than  their  candidate.      Common  courtesy  as  well 
as  the  law  requires  a  meeting  for  deliberation. 

A  meeting  of  the  board  was  called  by  two  members  of  the  board  by  serving  a 
written  notice  upon  the  third  member.  The  notice  omitted  the  place  of  meeting 
only.  A  teacher  was  hired  by  the  two  members  at  this  meeting — the  notified  mem- 
ber staying  away.  The  court  held  that  the  notice  sent  to  the  third  member  was 
void  because  the  place  of  meeting  was  not  named,  that  the  teacher  was  not  le- 
gally hired  and  that  there  was  no  authority  for  the  treasurer  to  pay  out  district 
money  for  services  rendered. 

In  negotiating  for  a  teacher,  the  board  should  first  of  all  ascertain  that  the  per- 
son is  legally  "qualified."  The  only  legal  evidence  of  this  is  an  unexpired  cerifi- 
cate  from  the  proper  superintendent.  If  the  county  be  divided  into  two  superin- 
tendent districts,  the  certificate  must  be  from  the  superintendent  of  that  division  of 
the  county  in  which  the  school  is  to  be  taught.  In  case  of  a  joint  district  not  wholly 
within  the  jurisdiction  of  one  superintendent,  the  certificate  must  be  from  the  su- 
perintendent within  whose  jurisdiction  the  schoolhouse  is  situated.  A  certificate 
has  no  validity  or  force  beyond  the  county  or  jurisdiction  within  which  it  is  given, 
although  "indorsed"  by  some  other  superintendent. 

If  a  person  without  a  certificate  is  hired  and  permitted  to  teach  a  school  no 
money  can  be  lawfully  paid  from  the  district  treasury  for  services  rendered,  no  mat- 
ter how  satisfactory  they  may  have  been  and  furthermore  such  person  can  not  re- 
cover wages  from  the  district  on  a  suit  on  his  contract  on  the  ground  of  quantum 
meruit   (as  much  as  he  deserved). 

The  contract  is  of  no  force  unless  signed  by  at  least  two  members  of  the  board. 
It  is  better  that  it  be  signed  by  all. 

The  employment  of  any  member  of  the  district  board  to  teach  the  school  is  not 
strictly  forbidden  by  statute;  nevertheless,  it  must  be  considered  illegal,  because 
against  public  policy;  and  a  contract  by  a  majority  of  the  board  with  one  of  their 
own  number,  could  not  be  enforced.      25   Wis.,   551,  and  many  other  cases. 

The  binding  character  upon  the  district  or  upon  the  incoming  board,  of  con- 
tracts with  teachers  to  extend  beyond  the  close  of  the  school  year  has  been  settled 
by  the  courts.      16  Wis.,  336;    118  Wis.,   294. 

The  selection  of  the  teacher  and  the  amount  of  his  compensation  are  committed 
to  the  discretion  of  the  board.  The  wages  must  be  no  less  than  40  dollars  per 
month.  The  board  may  respect  the  expressed  wish  of  the  inhabitants,  but  the  duty 
and  responsibility  of  action  in  these  matters  remains  with  it. 

The  teacher's  security  lies,  first,  in  securing  legal  qualification  to  teach;  second, 
in  securing  a  legal  contract.  A  verbal  agreement  may  be  incapable  of  proof,  and  may 
be  broken. 

The  teacher  was  legally  qualified;  he  contracted  to  teach  school  for  the  year; 
his  contract  was  signed  by  all  the  members  of  the  board  but  such  contract  had  never 
been  authorized  by  any  vote  or  at  any  meeting  of  the  board.  He  taught  six  months 
and  was  then  discharged.  He  sued  the  district  at  the  end  of  the  year  for  the  wages 
due  on  hts  contract.  He  lost  his  case  and  failed  to  collect  because  he  was  not  hired 
at  a  board  meeting.      106  Wis.  p.  34  0. 

A  teacher  holding  a  legal  contract  may  be  dismissed  for  cause,  during  its  con- 
tinuance, but  the  burden  of  proof  always  rests  with  the  party  that  terminates  a  le- 
gal contract. 

A  teacher  prevented  from  rendering  full  service  by  the  destruction  of  the  school- 
house,  or  by  the  suspension  of  the  school  by  order  of  the  school  board  or  the  board  of 
health,  on  account  of  the  prevalence  of  a  contagious  disease,  if  ready  at  all  times 
to  render  the  service  for  which  he  contracted,  may  recover  full  compensation.  50 
Vt.,  30;  43  Mich.,  480. 

A  minor  possessing  the  qualifications  may,  with  the  assent  of  his  father,  contract 
with  a  board  to  teach  school.  The  law  seems  to  contemplate  that  the  contract  shall 
be  made  with  the  teacher,  not  the  father.  If  no  agreement  is  made  by  the  father  to 
relinquish  the  minor's  wages  he  may  maintain  an  action  against  the  board  for  them: 
Monaghan  v.  School  District,  38  Wis.,   100. 

One  of  the  most  important  duties  imposed  by  law  on  school  officers  is  that  of 
hiring  a  teacher.  A  district  demands  that  a  teacher  shall  be  efficient,  legally  quali- 
fied and  legally  hired.  Otherwise  there  is  likely  to  be  a  waste  of  district  money  and 
worse  still,  a  disastrous  waste  of  children's  time. 

See  form  25  and  Section  4  3  2. 

Section  43  9. 

The  board  has  power  to  make  all  needful  rules  and  regulations  for  the  organiza- 
tion, gradation  and  government  of  the  school,  and  to  suspend  any  pupil  for  noncom- 
pliance with  reasonable  rules  established  by  it,  or  by  the  teacher  with  its  consent. 
35  Wis.,  59;  45  Wis.,  150.  But  in  matters  of  this  kind  the  board  will,  in  the  main, 
be  guided  bv  the  advice  of  the  teacher.      While  the  teacher  is  subordinate  to,  and 

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School  Law  Comments. 

must  execute  the  orders  of  the  board,  he  is  responsible  for  the  conduct,  discipline  and' 
progress  of  his  pupils,  and  should,  generally,  be  allowed  to  jiecide  as  to  the  means 
and  methods  of  discharging  this  responsibility.  Rules  adopted,  or  approved  by  the 
board,  should  be  recorded  in  its  minutes. 

While  there  is  no  doubt  as  to  the  authority  of  the  board  to>expel  a  pupil  for  con- 
tinued insubordination  or  gross  immorality,  humanity  demands  that  all  other  reme- 
dies should  be  exhausted  before  resorting  to  this  extreme  measure.  It  is  the  prov- 
ince of  the  schools  to  make  good  men  and  good  women  from  such  material  as  is  fur- 
nished by  the  several  communities.  The  efficiency  of  the  schools  is  commensurate 
with  their  power  to  incite  ideals  of  right  things. 

It  becomes  the  duty  of  a  school  board  to  expel  a  pupil  whenever  it  is  convinced 
that  his  continuance  in  school  wlil  result  in  its  demoralization,  or  in  the  contamina- 
tion of  his  fellows;  but  the  proof  on  which  the  conviction  rests  should  be  clear. 
It  should  be  remembered  that  the  object  of  school  discipline  is  to  reform  and  restore. 
If  the  board  neglects  to  make  rules  for  the  government  of  the  school,  the  authority 
of  the  teacher  to  enforce  obedience  to  reasonable  requirements  is  unquestionable. 

The  teacher  may  quell  insubordination  by  corporal  punishment  or  by  suspension. 
But  these  are  extreme  remedies,  and  are  justifiable  only  where  other  means  fail,  or 
are  plainly  inadequate. 

Courts  have  uniformly  sustained  the  authority  of  school  boards  to  make  and  en- 
force rules  requiring  pupils  to  bring  written  excuses  for  absence  and  tardiness  under 
penalty  of  suspension. 

All  rules  must  be  reasonable,  and  capable  of  enforcement  in  a  reasonable  man- 
ner. If  a  school  board  should  authorize  suspension  for  absence  occasioned  by  a  vio- 
lent storm,  by  the  illness  of  the  child,  or  by  illness  or  death  in  his  family,  the  rule 
would  be  unreasonable  and  therefore  illegal. 

Barring  schoolhouse  doors  against  tardy  children  in  cold  or  stormy  weather 
would  be  cruel,  and  would  not  be  sustained. 

Not  unfrequently  there  is  a  disposition  to  question  the  teacher's  right  to  enforce 
his  authority  by  the  infliction  of  corporal  punishment.  It  should  be  borne  in  mind 
that  the  teacher  who  contracts  to  manage  a  public  school  undertakes  to  do  some- 
thing more  than  merely  to  prescribe  lessons  and  hear  recitations.  He  assumes  to 
govern  the  school,  to  maintain  quiet  and  order  in  and  about  the  schoolhouse,  and  to 
compel  such  conduct  on  the  part  of  the  pupils  as  shall  best  conduce  to  their  own  wel- 
fare and  that  of  the  school  as  a  whole.  This  authority  would  be  nugatory  if  the 
teacher  were  not  armed  with  some  coercive  power.  Accordingly,  the  supreme  courts 
of  nearly  every  state  in  the  union  have  held,  with  singular  unanimity,  to  the  determi- 
nation that  the  teacher  has  the  right,  in  the  execution  of  his  duty,  to  inflict  corporal 
punishment.  Our  own  supreme  court,  in  45  Wis.,  p.  15  0,  held  that,  "A  teacher  is 
responsible  for  the  discipline  of  his  school,  and  for  the  progress,  conduct  and  deport- 
ment of  his  pupils.  It  is  his  imperative  duty  to  maintain  good  order  and  to  require 
of  his  pupils  a  faithful  performance  of  their  duties.  If  he  fails  to  do  so,  he  is  unfit 
for  his  position.  To  enable  him  to  discharge  these  duties  effectually,  he  must  neces- 
sarily have  the  power  to  enforce  prompt  obedience  to  his  lawful  commands.  For 
this  reason  the  law  gives  him  power,  in  proper  cases,  to  inflict  corporal  punishment 
upon  refractory  pupils."  The  courts  have  held  uniformly  that  the  teacher  was  liable 
for  the  castigation  of  his  pupils  only  when  the  punishment  was  unreasonable, 
when  inflicted  from  malicious  motives.  It  has  also  been  held  that  the  teacher  is 
the  best  judge  of  both  of  the  need  and  the  measure  of  punishment.  There  are  many 
circumstances  tending  to  determine  the  guilt  of  the  pupil  which  cannot  be  set  up  in 
evidence, — such  as  the  manner  of  the  pupil,  his  tone  of  voice  and  general  conduct. 
Still,  the  infliction  of  physical  pain  has  little  educational  value,  and  a  wise  teacher 
will  seldom  resort  to  this  method  of  securing  obedience. 

A  rule  by  the  board  that  the  teacher  shall  remain  in  or  about  the  schoolhouse 
during  the  noon  hour,  especially  if  the  school  is  a  large  one  and  any  considerable 
number  of  the  children  bring  dinners,  is  a  reasonable  rule  and  one  that  can  be  en- 
forced to  the  great  advantage  of  the  schools  and  both  teachers  and  pupils  in  many 
cases.  Many  schools  are  rendered  practically  valueless  to  the  community  because  of 
the  conduct  of  the  children  during  the  noon  intermission  while  the  teacher  goes  to 
her  boarding  place. 

Section  439a. 

The  compulsory  attendance  law  is  now  enforced  under  the  direction  of  the  State 
Industrial  Commission. 

Section  44  0. 

The  above  chapter  places  the  power  to  change  textbooks  in  the  hands  of  the  dis- 
trict boards.  This  power  can  be  exercised  at  a  regular  board  meeting  only.  See 
section  432.  Changes  can  be  made  no  more  frequently  than  once  in  three  years. 
For  penalty  see  sections  440b,  4549  and  4550.     The  free  textbook  system  can  only 

384 


School  Law  Comments. 

be  adopted  by  the  electors  at  the  annual  meeting.      After    adoption    no    change    of 
books  can  be  made  for  three  years. 

Experience  has  very  clearly  shown  that  the  plan  of  furnishing  textbooks  free  to 
pupils  in  districts  and  cities  is  more  satisfactory  and  much  less  expensive  to  the  dis- 
trict or  city  as  a  whole  than  any  other  plan  so  far  devised  and  provided  for  by  law. 
It  enables  school  boards  to  furnish  each  pupil  in  the  district  with  necessary  and  suit- 
able books  of  the  best  kind  at  once  upon  entering  school  and  at  a  cost  to  the  district 
of  from  one-third  to  one-half  of  what  is  usually  paid  out  by  parents  during  the  school 
life  of  their  children.  It  is  found  in  many  cases  that  the  first  cost  of  introducing 
the  free  textbook  system  is  the  greatest  objection  to  the  plan. 

This  may  be  overcome  by  the  gradual  introduction  of  the  system.  For  instance, 
if  the  electors  of  the  school  district  should  at  the  annual  meeting  vote  to  adopt  free 
textbooks,  and  the  directions  to  the  district  board  were  to  furnish  readers,  language 
books,  and  grammars  only  for  the  coming  year,  the  expense  would  be  slight.  Next 
year  the  electors  might  extend  the  system  by  authorizing  the  board  to  procure  geog- 
raphies, spellers,  and  arithmetics  and  other  needed  books  might  be  provided  for 
later.  The  books  are  handled  under  this  system  by  the  school  district  board,  and 
they  are  placed  directly  in  the  charge  of  the  district  clerk  when  the  school  is  not  in 
session.  It  is  his  duty  to  see  that  they  are  placed  in  the  schoolhouse  at  the  begin- 
ning of  each  term  and  he  should  keep  in  connection  with  the  other  district  record 
required  by  law,  a  complete  recordof  all  books  purchased  by  the  board  furnished 
to  the  teacher  by  him,  and  received  from  the  teacher  at  the  close  of  the  year  or  each 
term.  The  teacher  should  take  charge  of  issuing  the  books  to  the  pupils,  and  should 
keep  a  record  of  all  books  so  issued,  a  record  of  their  return  by  the  pupils,  and  make 
some  note  as  to  the  condition  of  the  books  when  received.  If  properly  cared  for,  the 
books  should  be  serviceable  for  from  five  to  six  years,  and  after  the  first  adoption 
the  district  will  only  be  under  the  necessity  of  making  provision  to  supply  books 
that  have  been  worn  out  or  lost.  If  books  are  carelessly  handled  or  destroyed  by 
the  pupils,  the  pupils  or  their  parents  should  be  held  to  account  for  the  amount  of 
the  loss. 

About  3,000  districts  or  about  three-sevenths  of  the  whole  number  in  the  state 
are  reported  as  furnishing  free  textbooks. 

See  also  sections  432  and  553m — 1  to  553m — 25  and  sections  553m — 101  to 
553m — 108  inclusive.  Section  432  relates  to  board  meetings.  Sections  553m — 1 
to  553m — 25  relate  to  county  uniformity  of  textbooks.  Two  or  three  counties  have 
adopted  this  plan.  Sections  553m — 101  to  553m — 108  relate  to  the  establishment 
of  uniform  prices  for  textbooks  to  be  sold  by  publishers  in  Wisconsin.  This  is  a 
new  law,  that  interests  every  parent  and  taxpayer. 

Section  440&. 

It  is  always  safe  to  presume,  when  there  is  considerable  uniformity  of  books  in 
use,  that  a  list  has  been  adopted  at  some  time,  although  no  list  can  be  found  in  the 
file  of  the  clerk,  or  posted  in  the  schoolroom. 

In  regard  to  a  meeting  of  the  board,  the  only  safe  plan  is  to  call  and  hold  a  meet- 
ing as  provided  in  section  43  2,  before  acting  upon  any  important  matter  like  that 
of  changing  or  adopting  textbooks,  hiring  teachers,  etc.,  etc.,  and  the  attention  of 
school  officers  is  particularly  called  to  the  fact  that  the  electors  at  a  school  meeting 
have  no  authority  to  change  textbooks;  also  that  there  is  no  statutory  authority  for 
making  contracts  with  publishing  houses  for  a  specified  time. 

In  making  a  choice  of  textbooks  boards  will  do  well  to  call  to  their  aid  the  teacher 
and  those  best  acquainted  with  the  actual  needs  of  the  school.  Such  persons  will  be 
the  best  judges  of  the  adaptation  of  the  books  to  the  needs  of  the  school. 

Section   442. 

The  words  "legally  drawn,"  in  the  first  clause  of  this  section,  make  it  the  duty 
of  the  director  to  ascertain  that  orders  on  the  district  treasury  have  been  drawn  in 
accordance  with  law,  before  affixing  his  signature  thereto. 

By  the  provisions  of  subdivision  17,  of  section  430,  the  district  has  power,  at  any 
meeting  duly  called,  to  give  such  direction  and  make  such  provision,  as  may  be 
deemed  necessary  in  relation  to  the  prosecution  or  defense  of  any  action  or  proceed- 
ing in  which  the  district  may  be  a  party  or  interested;  and  unless  some  other  person 
is  designated  to  perform  the  duty,  the  director  is  required  to  bring  suit  and  carry 
out  the  will  of  the  meeting. 

In  case  of  a  breach  of  the  treasurer's  bond  it  is  the  duty  of  the  director  to  com- 
mence proceedings  to  protect  the  interests  of  the  district  at  once,  without  waiting 
for  the  action  of  a  district  meeting.  He  may  also  bring  suit  for  an  injury  to  a 
schoolhouse  without  direction  from  the   electors.      21   Wis.,   657. 

If  an  action  is  commenced  against  the  district,  the  director  nlust  appear  in  behalf 
of  the  district,  without  waiting  for  authority  from  a  district  meeting.      The  district 

385 


School  Law  Comments. 

may,  however,  designate  some  other  person  to  act  as  its  representative  in   the  de- 
fense. 

Section  443. 

See  Forms  Nos.  26  and  27. 

School  district  treasurers  hold  their  offices  until  their  successors  are  elected  or 
appointed,  and  qualified  by  filing  the  required  bond. 

A  neglect  to  file  the  bond  completed  and  approved,  within  ten  days,  as  the  law 
directs,  vacates  the  office.  Filing  it  with  the  approval  of  one  member  of  the  board 
only,  is  of  no  effect.  It  is  obviously  improper  for  either  the  director  or  the  clerk  to 
become  surety  for  the  treasurer. 

The  power  granted  the  clerk  and  director  by  this  section  to  require  an  additional 
bond,  when  deemed  necessary,  should  be  exercised  whenever  the  interests  of  the  dis- 
trict demand  it.  No  good  citizen  will  regard  the  exercise  of  this  power  as  an  impu- 
tation upon  his  character.  Whenever  the  surety  on  the  bond  is  not  such  as  the  law 
requires,  it  is  obviously  the  duty  of  the  treasurer  to  furnish  additional  security,  and 
it  must  be  done  within  ten  days,  just  as  in  the  original  filing  of  the  bond. 

When  the  office  is  vacated  from  either  of  the  causes  named,  the  board  will  ap- 
point a  treasurer,  who  will  be  subject  to  the  same  conditions  and  possess  the  same 
powers  as  if  elected  to  the  office. 

By  this  section  the  treasurer  is  required  to  file  a  bond  with  securities  that  are 
sufficient  in  the  judgment  of  the  director  and  clerk,  but  these  officers  are  to  be 
guided  in  this  matter  by  a  sound  discretion,  and  not  by  caprice.  They  may  require 
the  affidavit  of  bondsmen,  certifying  that  they  are  worth  the  amount  for  which  the 
bond  renders  them  responsible,  in  their  own  right;  but  they  may  not  use  the  discre- 
tion with  which  the  law  vests  them  to  defeat  the  will  of  the  district. 

Failure  of  a  treasurer  to  pay  over  money  in  his  hands  on  his  removal  from  office 
is  a  breach  of  his  bond,  and  no  demand  is  necessary  to  fix  the  liability  of  his  sure- 
ties.     27  Wis.,  505. 

The  district  has  no  power  to  release  a  treasurer  from  liability  for  money  lost  or 
misapplied  by  him.      10   Neb.,   293. 

If  a  district  treasurer  pays  out  any  money  of  the  district  except  upon  an  order 
therefor,  properly  drawn  by  the  clerk  and  countersigned  by  the  director,  he  may  be 
held  responsible  to  the  district  for  the  sum  so  paid.  98  Wis.,  page  22.  The  treas- 
urer in  this  case  paid  back  to  the  district  $273.8  0  simply  because  he  had  paid  out 
the  money  without  any  orders  being  presented,  although  his  books  showed  that  every 
cent  had  been  paid  out  for  the  benefit  of  the  district. 

Section   444. 

While  this  section  requires  the  treasurer  "to  pay  all  money  received  by  him  on 
the  order  of  the  clerk,  countersigned  by  the  director,"  it  should  be  borne  in  mind 
that  he  is  a  member  of  the  district  board  and  is  bound  by  the  general  law  prohibit- 
ing these  officers  from  paying  orders  for  money  that  has  not  been  appropriated  ac- 
cording to  law.  See  section  44  6.  He  is  not  bound  to  pay  an  order  to  satisfy  an  ap- 
propriation  (made  by  the  board)  about  which  he  was  not  consulted.      5  9  Wis.,  518. 

An  order,  although  properly  drawn,  does  not  relieve  a  treasurer  of  his  responsi- 
bilities as  a  district  officer.  It  is  his  business  to  see  that  the  money  of  the  district 
is  disbursed  according  to  law. 

The  district  treasurer  can  ascertain  the  amount  of  money  to  which  his  district 
is  entitled,  by  examining  the  certificate  of  apportionment  on  file  in  the  town  treas- 
urer's office,  which  that  officer  receives  from  the  town  clerk.  The  district  treasurer 
should  pay  all  legal  orders  in  the  order  of  presentation,  when  no  special  direction  ap- 
pears upon  the  order  to  the  contrary. 

The  law  now  requires  the  treasurer  to  give  the  clerk  access  to  his  books  in  mak- 
ing his  report. 

It  is  a  duty  which  the  treasurer  owes  to  himself,  as  well  as  to  his  district,  to 
keep  an  accurate  record  of  his  accounts,  so  as  to  be  able  to  present  a  clear  and  satis- 
factory statement  of  the  transactions  of  the  year.  The  account  required  to  be  kept 
by  him,  may,  be  a  simple  cash  account,  in  which  the  treasurer  personally,  and  in  his 
individual  name  is  charged  with  all  school  moneys  received  by  him,  and  credited 
with  each  payment,  specifying  the  date,  the  person  to  whom  and  the  account  on 
which  it  was  made.  It  is  convenient  and  will  conduce  to  accuracy  to  number  each 
credit  consecutively,  and  to  affix  the  same  number  to  the  order  to  be  produced  in 
proof  of  payment,  and  in  support  of  such  payment.  This  account  should  be  kept 
in  a  book  well  bound,  and  a  transcript  of  such  account  should  be  made,  and  with  the 
proper  vouchers,  presented  to  the  annual  meeting.  This  transcript  should  be  exam- 
ined by  a  committee  appointed  by  the  meeting,  and  should  be  endorsed  by  said  com- 
mittee as  having  been  examined  and  found  correct,  if  the  committee  find  it  regular 
in  all  respects.  When  at  the  close  of  his  term  of  office  he  settles  with  the  district 
board,  as  required  by  law,  the  board  should  enter,  upon  the  original  account  in  the 

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School  Law  Comments. 

blank-book,  its  certificate  that  it  has  examined  such  account  up  to  and  including  the 
last  preceding  entry  (giving  its  date),  and  the  vouchers  therefor,  and  that  it  finds 
the  same  correct. 

It  is  deemed  proper  to  refer  here  to  the  present  law  in  regard  to  embezzlement. 
Refusal  of  an  officer  or  other  person  made  the  custodian  of  money,  to  pay  over  the 
same  on  lawful  demand,  is  declared  to  be  embezzlement,  and  is  punishable  by  im- 
prisonment or  fine.  And  if  any  person  so  demanding  money  and  refused  the  same 
neglects  to  make  complaint  against  such  officer,  he  is  also  punishable  by  imprison- 
ment, or  fine.  Sections  4418  to  4421  of  the  Wisconsin  statutes  relate  to  this  mat- 
ter. It  will  be  seen  by  section  963  that  whenever  any  judgment  has  been  rendered 
against  the  treasurer  for  any  breach  of  the  conditions  of  his  bond  the  governor  may 
declare  the  office  vacant.  The  vacancy  will  be  filled  as  other  vacancies  in  the  dis- 
trict board  are  filled. 

It  is  also  deemed  proper  to  refer  here  to  the  provisions  of  law  relating  to  pro- 
ceedings to  compel  the  delivery  of  books  and  papers  of  public  officers  to  their  suc- 
cessors, contained  in  chapter  43,  Wisconsin  statutes,  and  embracing  sections 
977 — 983  inclusive.  Severe  penalties  and  summary  proceedings  are  therein  pro- 
vided for  failure  to  thus  deliver  books  and  papers  to  successors. 

Section  4553.  Any  public  officer  who  shall  at  the  expiration  of  his  term  of  office 
refuse  to  deliver  on  demand  to  his  successor  in  office  after  such  successor  shall  have 
been  duly  qualified  and  be  entitled  to  such  office  according  to  law,  all  moneys, 
books,  records,  papers  or  other  property,  belonging  to  said  office  and  in  his  hands, 
or  under  his  control  by  virtue  thereof,  shall  be  punished  by  imprisonment  in  the 
county  jail  not  more  than  six  months  or  by  fine  not  exceeding  one  hundred  dollars. 

Section  445. 

The  treasurer  should  bring  the  action  before  a  justice  of  the  peace,  if  the  amount 
withheld  does  not  exceed  $200;  otherwise,  in  the  circuit  court.  Before  bringing  it  he 
should  consult  the  district  attorney. 

Section  446. 

The  importance  of  full  and  accurate  records  cannot  be  too  strongly  emphasized. 
The  record  book  of  the  district  should  contain  a  full  history  of  its  school  affairs. 
Dates,  names,  resolutions,  votes,  etc.,  should  be  given  with  such  exactness  that  no 
trouble  can  arise  which  a  reference  to  its  pages  will  not  help  to  settle.  Financial 
statements  and  reports  should  be  spread  out  on  the  record  book.  Documents  that 
are  merely  filed  are  soon  lost. 

The  clerk  cannot  properly  refuse  to  record  the  proceedings  of  a  meeting  that  he 
was  opposed  to  calling.  And  although  he  may  think  the  proceedings  illegal,  it  is 
his  duty,  nevertheless,  faithfully  to  record  them.  If  illegal,  they  may  be  set  aside 
by  competent  authority,  on  appeal;  and  the  record  of  the  clerk  is  of  importance  in 
deciding  the  question. 

As  the  board  has  no  authority  to  contract  with  a  teacher  who  does  not  hold  a 
legal  certificate  of  qualification,  so  also  any  use  of  public  funds,  from  whatever 
source  received,  for  the  payment  of  teachers  not  legally  qualified,  is  a  palpable  viola- 
tion of  law.  It  is  the  duty  of  the  clerk  to  see  and  know  that  the  person  employed 
is  legally  qualified  and  entitled  to  teach,  before  any  order  for  payment  is  drawn. 
It  is  no  less  the  duty  of  the  director  to  refuse  to  countersign,  and  of  the  treasurer 
to  refuse  to  pay,  orders  drawn  in  violation  of  law;  and  these  officers  are  bound  to 
know  that  orders  are  legal  before  they  recognize  them  as  valid. 

Section  447. 

The  topics  recited  in  this  section  constitute  the  foundation  of  an  education.  The 
legislature  evidently  regarded  them  as  of  prime  importance,  and  provided  that  they 
must  be  taught. 

Whenever,  by  the  introduction  of  other  branches  into  the  public  schools  these 
are  excluded,  or  are  taught  less  efficiently,  the  plain  provision  of  the  section  is  vio- 
lated. •  Every  school  should  be  so  conducted  as  to  secure  daily  instruction  in  read- 
ing, writing  and  spelling,  and  written  exercises  should  be  required  of  persons  of  suit- 
able advancement  in  every  branch  taught  in  the  schools. 

The  law  contemplates  instruction,  discipline  and  government  of  such  character 
as  to  prepare  the  young  to  discharge  their  duties  as  citizens  of  a  country  in  which 
the  English  language  is  used  by  the  courts,  the  legislature  and  the  people.  To  carry 
out  this  provision  of  the  law,  section  449  provides:  "No  person  shall  receive  any 
certificate  who  does  not  write  and  speak  the  English  language  with  facility  and 
correctness." 

Acquaintance  with  another  language  may  aid  in  the  instruction  of  children  of 
foreign  birth,  or  parentage,  and  this  section  allows  one  hour  a  day  to  be  given  to 

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School  Law  Comments. 

instruction  in  a  foreign  language,  but  the  purpose  of  the  provision  is  to  limit,  not  to 
encourage  the  study  of  a  foreign  language  in  a  common  public  school. 

The  parent  has  the  right  to  make  a  reasonable  selection  from  the  prescribed 
studies  for  his  child  to  pursue;  and  a  teacher  is  not  authorized  to  inflict  corporal 
punishment  for  the  purpose  of  compelling  the  child  to  pursue  the  study  forbidden 
by  the  parent.     Morrow  v.  Wood,  35  Wis.,  5  9. 

Section  447a. 

This  section  contemplates  instruction  in  physiology  and  hygiene  with  special 
reference  to  the  effects  of  stimulants  and  narcotics  on  the  human  system,  for  all 
pupils  sufficiently  advanced  in  age  and  scholarship.  Under  the  guidance  of  an  ap- 
proved book,  oral  instruction  in  this  topic  may  be  given  to  pupils  that  are  too  imma- 
ture to  be  benefited  by  the  use  of  a  textbook. 

The  effectiveness  of  the  work  in  this  branch,  so  far  as  its  oral  presentation  is 
concerned,  will  depend  on  the  simplicity  of  the  instruction,  and  the  good  judgment 
of  the  teacher  in  avoiding  abstruse  and  offensive  statements.  In  all  instructions  given 
under  this  law  the  subject  of  anatomy  should  be  considered  as  taking  a  secondary 
place. 

The  teacher  should  also  inform  herself  quite  fully  on  the  elementary  principles 
of  sanitation  and  prevention  of  contagious  diseases,  as  it  pertains  to  the  home  and 
the  school. 

Section  451. 

Comments  relating  to  the  standard  of  attainment  will  be  found  under  section 
461.  This  provision  enables  the  superintendent  to  act  upon  the  fact's  within  his  own 
knowledge  in  the  accomplishment  of  the  end  contemplated  in  section  453.  The  re- 
examination authorizes  him  to  pass  judgment  upon  the  teacher  with  reference  to  his 
learning,  ability  to  teach,  and  moral  character.  If  found  deficient  in  any  of  these 
particulars  to  such  a  degree  that  his  continuance  as  a  teacher  would  be  prejudicial 
to  the  interests  of  education,  the  certificate  should  not  be  granted.  The  superin- 
tendent may  base  his  judgment  as  to  the  teacher's  ability  upon  the  results  of  the  ob- 
servations made  by  him  during  school  visitation.  Care  should  be  exercised  that 
the  observed  conditions  are  of  a  permanent  character  and  evidence  the  real  condi- 
tion of  the  school,  as  the  authority  to  demand  a  reexamination  of  a  teacheir  can 
lawfully  be  exercised  only  when  there  is  good  and  sufficient  cause  for  it. 

At  least  five  days'  notice  should  be  given  to  the  board  and  the  teacher  of 'the  time 
and  place  when  and  where  the  examination  will  be  held.  When  the  exigencies  of 
the  case  demand  the  immediate  removal  of  the  teacher,  it  is  advisable  to  confer  with 
the  board  with  a  view  to  secure  his  dismissal  on  the  grounds  of  failure  to  perform 
his  contract. 

If  the  case  arises  near  the  close  of  the  teacher's  term,  it  may  be  the  better  course 
to  require  the  teacher  to  appear  at  the  next  public  examination;  the  facts  and  cir- 
cumstances of  each  case  should  control  the  action  of  the  superintendent. 

Section  452. 

An  appeal  from  the  action  of  a  county  superintendent  in  refusing  to  grant  a  cer- 
tificate must  be  conducted  according  to  the  rules  and  regulations  of  the  department 
governing  appeals.  As  the  county  superintendent  fixes  the  standard  of  attainment 
under  the  advice  of  the  state  superintendent,  no  appeal  need  be  taken  under  the  im- 
pression that  the  standard  will  be  lowered. 

If  the  refusal  is  for  want  of  literary  qualifications,  a  reexamination  wrill  probably 
be  necessary.  If  for  other  reasons,  the  decision  will  be  rendered  according  to  the 
evidence  submitted.  The  forms  and  rules  to  be  observed  in  taking  an  appeal  will  be 
found  under  section  497. 

Section  453. 
Immoral  character,  deficiency  in  learning,  or  inability  to  teach,  is  cause  for  the 
annulment  of  a  teacher's  certificate.  The  superintendent  should  listen  to  complaints 
made  under  these  heads.  Upon  presentation  of  specific  charges,  he  should  file  copies 
of  the  complaint  with  the  teacher  and  with  the  district  board,  and  name  a  suitable 
time  and  place  for  pursuing  the  inquiry  formally.  If  the  charges  be  sustained  by 
convincing  evidence  presented  by  the  complainant,  and  the  rebuttal  made  by  the 
teacher  fail  to  exculpate  him,  the  superintendent  may  annul  the  teacher's  certificate. 
In  case  of  a  charge  of  deficiency  in  learning,  the  superintendent  may  reexamine  af- 
ter suitable  notice,  and  may  annul  the  certificate  for  cause;  and  in  case  of  charge 
of  want  of  ability  to  teach,  the  superintendent  should  inspect  the  school.  If  he  find 
the  charges  well  founded  he  may  advise  the  board  to  discharge  the  teacher,  or  he 

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School  Law  Comments. 

may  proceed  as  directed  in  the  comments  under  section  451.  In  all  steps  taken  the 
superintendent  is  a  judge,  the  teacher  is  defendant,  and  the  complainant  should  sus- 
tain his  charge  by  convincing  proof.  Any  annulment  of  a  certificate  is  subject  to 
appeal  and  to  reversal  by  the  state  superintendent. 

Section  459. 

This  chapter  abolishes  general  election  day  (the  first  Tuesday  after  the  first 
Monday  in  November  in  every  even-numbered  year  and  primary  election  day,  the 
first  Tuesday  in  September  in  even-numbered  years),  as  legal  school  holidays.  Legal 
holidays  can  only  be  counted  in  favor  of  the  teacher  or  the  school  district  when  they 
occur  on  school  days  and  when  school  under  other  circumstances  would  be  in  ses- 
sion. The  school  holidays  now  recognized  by  statute  are:  January  1st,  February 
22nd,  May  30th,  July  4th,  Labor  Day — usually  occurring  the  first  Monday  in  Septem- 
ber in  accordance  with  a  proclamation  by  the  Governor — Thanksgiving  day — usually 
the  last  Thursday  in  November — and  Christmas  Day.  When  legal  holidays  occur 
on  Sunday,  the  following  Monday  is  the  holiday. 

School  boards  and  teachers  should  take  notice  that  the  teacher's  month  is  always 
twenty  days,  unless  otherwise  specified  in  the  contract;  also,  that  no  Saturdays 
taught,  but  all  legal  holidays  occurring  while  school  is  in  session  are  to  be  counted 
as  days  taught. 

It  is  recommended  that  school  boards  exercise  the  power  given  in  this  section, 
and  allow  teachers  to  attend  institutes  and  conventions  without  deducting  the  time. 
The  consent  of  the  board  to  attend  an  institute,  convention  or  association  occurring 
while  school  is  in  session  must  be  obtained  from  all  or  a  majority  of  the  board  at  a 
board  meeting  held  under  the  provisions  of  section  43  2.  The  certificate  of  attend- 
ance required  by  the  law  should  be  surrendered  to  the  clerk  before  an  order  for 
wages  is  drawn. 

The  teacher  must  not  mark  the  "attendance"  of  pupils  in  the  school  register 
where  days  are  taken  for  the  above  purpose  or  where  holidays  occur. 

Section  468. 

The  town  treasurer  shall  hold,  subject  to  the  order  of  the  several  district  treas- 
urers of  his  town,  all  district  taxes  collected  by  him.  Also  all  money  raised  by 
taxes  levied  upon  the  town  by  the  county  board  of  supervisors,  and  all  money  raised 
by  the  town  in  addition  thereto,  and  pay  the  same  over  to  the  several  district  treas- 
urers, according  to  the  apportionment  made  by  the  town  clerk  under  the  law.  He 
will  also  receive  from  the  county  treasurer  the  amount  apportioned  by  the  state  su- 
perintendent to  his  town,  out  of  the  income  of  the  school  fund,  and  pay  the  same 
over  to  the  district  treasurers,  according  to  the  apportionment  made  by  the  town 
clerk.  The  town  treasurer  shall  also  receive  all  money  paid  on  account  of  delin- 
quent taxes,  and  pay  the  same  over  to  the  proper  district  treasurers.  No  school 
taxes  except  delinquent  taxes  will  be  returned,  if  the  law  is  complied  with. 

It  is  the  duty  of  the  town  treasurer  to  notify  the  town  clerk  of  any  money  which 
he  holds  subject  to  apportionment  by  said  town  clerk,  and  to  inform  district  treas- 
urers promptly  of  any  funds  in  the  town  treasury  belonging  to  the  respective  dis- 
tricts. 

District  treasurers  are  not  required  to  accept  any  taxes  or  school  funds  from  the 
town  treasurer  in  anything  but  cash. 

The  certificate  required  to  be  made  on  or  before  the  second  Monday  in  March, 
in  each  year,  must  state  specifically  the  several  amounts  received  from  town  and 
county  tax,  and  the  amount  of  income  unapportioned  which  remains  in  the  town 
treasury;  it  must  also  include  any  money  apportioned  the  previous  year,  which  has 
not  been  paid  over  to  the  district  treasurers.     Reference  is  here  made  to  section  557. 

The  purpose  of  the  certified  statement  to  the  district  clerk  of  the  amount  of 
money  paid  by  the'  town  treasurer  during  the  year  next  preceding,  to  the  district 
treasurer,  is  to  give  the  district  clerk  the  data  upon  which  settlement  with  the  dis- 
trict treasurer  can  be  made  in  time  for  report  at  the  annual  meeting.  As  the  annual 
meetings  are  now  held  on  the  first  Monday  in  July,  the  statement  should  be  furnished 
earlier  than  the  law  now  demands. 

The  treasurer  can  not  lawfully  charge  or  retain  any  fee  or  percentage  on  any 
money  which  he  pays  out,  or  which  comes  into  his  hands  from  any  state  apportion- 
ment or  from  any  donation  or  loan  from  any  source.      See  sections  4549 — 4550. 

Section  470.      Subdiv.  6. 
This  chapter  is  of  large  interest  to  the  electors  and  officers  in  joint  school  dis- 
tricts.     Hereafter  joint  meetings  of  the  assessors  and  clerks  will  be  held  only  when 
the  application  provided  for  above  is  made.     The  clerk  will  not  be  entitled  to  any 

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School  Law  Comments. 

compensation  and  the  assessors  must  rely  for  their  compensation  upon  the  treas- 
uries of  their  respective  towns,  and  the  equalization  when  once  made  under  this  act 
will  continue  to  be  the  basis  for  apportionment  of  school  tax'levy  until  a  new  equali- 
zation is  petitioned  for  and  made. 

Section  473. 

Upon  the  delivery  to  him  of  such  statement,  the  town  clerk  should  give  the  dis- 
trict clerk  a  certificate  that  he  has  received  the  same,  stating  the  amount  of  the  tax, 
and  the  time  when  received,  which  certificate  should  be  filed  in  the  office  of  the  dis- 
trict clerk. 

The  law  contemplates  that  in  joint  school  districts  the  district  taxes  shall  be  ap- 
portioned between  the  several  parts  of  the  district  lying  in  different  towns,  not  on 
the  basis  of  valuations  fixed  by  the  assessors  of  such  several  parts,  but  on  the  basis 
of  the  equitable  relative  valuation  of  such  several  part's,  to  be  ascertained  and  de- 
termined by  the  assessors  in  joint  meeting  as  directed  in  said  section  471. 

Section  474. 

The  district  may,  at  any  time  before  the  annual  meeting,  upon  any  unusual  ex- 
igency, vote  a  special  tax  to  be  collected  with  the  next  levy  (notice  of  such  purpose 
being  duly  given,  as  provided  in  section  4  27),  and  the  district  may  authorize  the 
board  to  borrow  the  same  amount  for  immediate  use. 

Section  4  75. 

The  land  commissioners  require  that  in  all  cases  where  the  electors  vote  on  the 
question  of  making  a  loan  from  the  trust  funds,  each  person  in  the  meeting  and  de- 
siring to  vote,  must  cast  his  own  ballot  or  vote.  The  meeting  can  not,  even  by 
unanimous  vote,  authorize  the  clerk  or  secretary  of  the  meeting  to  cast  a  ballot  for 
the  whole  body  of  electors  present. 

Section  476\ 

The  special  provisions  of  the  law  as  to  borrowing  money  to  aid  in  building  a 
schoolhouse,  should  be  carefully  examined  and  complied  with;  likewise  those  con- 
tained in  the  last  preceding  section,  which  apply  to  both  the  sections  preceding  it. 
Particular  care  should  be  taken  to  notify  the  electors,  as  provided  in  section  427, 
and  every  opportunity  should  be  given  for  a  fair  and  full  expression  of  the  will  of 
the  people. 

The  resolution  to  be  voted  on  at  the  meeting  should  be  carefully  drawn  up.  The 
district  board  has  no  authority  to  levy  a  tax  on  their  own  motion  except  as  provided 
in  sections  435a,  and  437,  except  in  cases  of  town  and  union  free  high  school  districts. 

Section  476a. 

This  section  is  of  interest  to  school  districts  that  have  contracted  or  may  con- 
tract indebtedness  from  sources  other  than  the  state  trust  funds.  By  following  its 
directions  the  indebtedness  may  be  made  to  bear  a  4  per  cent  interest  rate  instead  of 
a  five  or  six  per  cent  rate.  Its  provisions  are  also  of  interest  to  districts  that  desire 
to  build  at  a  time  when  no  money  is  available  from  the  trust  funds.  The  electors 
may  direct  the  board  to  borrow  the  specified  sum  from  some  bank  or  individual  for 
immediate  use  and  until  money  can  be  had  from  the  trust  funds.  The  loan  from  the 
trust  funds  can,  when  received,  be  used  to  pay  off  the  district  indebtedness  and  thus 
reduce  the  rate  of  interest. 

Section  -261. 

The  principal  point  in  this  section  is  that  it  increases  the  rate  per  cent  to  be  paid 
by  school  districts  for  loans  from  the  trust  funds  from  ZV2  to  4  per  cent. 

The  provisions  of  the  above  chapter  should  be  carefully  followed.  School  offi- 
cers and  parties  interested  should  always  recognize  that  in  all  cases  where  a  loan 
is  to  be  made  from  the  trust  funds  of  the  state  it  is  absolutely  necessary  that  the  pro- 
ceedings shall  be  in  strict  accordance  with  the  statute.  If  there  are  any  defects  or 
flaws  arising  through  oversight  or  carelessness,  the  application  will  be  denied  by  the 
commissioners  and  it  will  be  necessary,  if  the  loan  is  to  be  made,  to  commence  all 
proceedings  anew.  This  tends  to  increase  the  irritation  and  lack  of  harmony  and 
agreement  upon  school  questions  common  to  some  school  districts.  All  errors  must 
be  avoided.  From  one-third  to  one-half  the  applications  for  loans  are  more  or  less 
faulty  in  some  particulars  and  must  be  returned  for  correction  or  must  be  denied 
by  the  land  commissioners  for  want  of  proper  proceedings. 

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"School  Law  Comments. 
...  '  '         I 

1  "BE  SURE  YOU  ARE  RIGHT,  THEN  GO  AHEAD." 

The  granting  of  loans  from  the  trust  funds  of  the  state  for  the  purpose  of  aiding 
in  the  erection  of  schoolhouses  is  frequently  delayed  on  account  of  errors  and  omis- 
sions in  the  application  and  accompanying  papers.  To  aid  school  district  officers  to 
avoid  errors  and  facilitate  the  granting  of  loans,  the  following  statements  are  given: 

1.  The  law  requires  that  the  authority  to  borrow  money  must  be  given  by  vote 
at  an  annual  or  lawfully  called  special  meeting. 

2.  That  the  resolution  to  be  voted  on  shall  be  in  writing  and  shall  specify  the 
amount  to  be  borrowed,  the  rate  of  interest,  and  the  time  and  manner  of  payment. 

3.  The  resolution  to  be  voted  on  shall  be  read  to  the  meeting  and  the  vote  there- 
on taken  by  ballot. 

4.  The  ballots  shall  be  written  or  printed;  those  in  favor,  "for  the  loan;"  those 
opposed,  "against  the  loan." 

5.  The  resolution  and  the  vote  shall  be  recorded^ 

6.  If  the  resolution  is  adopted  the  meeting  shall  also  levy  a  tax  to  be  annually 
collected  to  pay  the  interest  and  principal  of  such  loan  as  they  become  due. 

Section  427,  Wisconsin  statutes,  gives  the  law  relating  to  special  school  district 
meetings.  That  statute  and  the  comments  thereon  should  be  very  carefully  studied 
before  any  steps  are  taken  toward  calling  a  special  meeting  for  the  purpose  of  secur- 
ing a  loan  from  the  state.  In  order  that  the  essential  points  may  not  escape  your 
notice,  they  are  also  placed  here: 

1.  The  special  meeting  must  be  called  on  the  written  request  of  at  least  five  legal 
voters. 

2.  Notices  for  such  special  meetings  must  be  posted  at  least  6  full  days  before 
the  date  on  which  the  meeting  is  to  be  held  in  four  or  more  public  places  in  the 
district;  one  notice  shall  be  affixed  to  the  outer  door  of  the  schoolhouse. 

3.  If  a  loan  is  to  be  authorized,  tax  levied,  or  debt  contracted,  notice  of  the  meet- 
ing must  be  served  on  at  least  three-fourths  of  the  legal  voters  (men  and  women), 
either  personally  or  by  written  notice  left  at  their  place  of  residence,  stating  the  time 
and  place,  and  objects  of  the  meeting,  and  specifying  the  amount  proposed  to  be 
voted,  at  least  six  days  before  the  time  appointed  therefor,  exclusive  of  the  day  on 
which  the  meeting  is  to  be  held. 

4.  A  record  of  the  proceedings  of  the  special  meeting  must  show  that  every 
requirement  of  the  statutes  has  been  observed. 

The  following  outline  which  may  be  modified  to  conform  to  the  facts,  will  serve 
as  a  guide  to  aid  in  making  a  sufficient  record  of  the  proceedings  of  the  special  meet- 
ing, and  a  certified  copy  of  such  record  must  accompany  all  applications  made  to  the 
Commissioners  of  Public  Lands  for  loans  from  trust  funds: 

Minutes  of  the  proceedings  of  a  special  meeting  of  ■ ■ — -  school  district  No.  — 

of  the  town  of in  county,  Wisconsin,  held  at  the  schoolhouse  in  said 

district  on  the day  of ,  19 — ,  at  eight  o'clock  in  the  afternoon. 

The  meeting  was  called  to  order  by ■ -.     Mr. was 

elected  chairman  and  the  school  district  clerk  acted  as  clerk. 

Mr.  ,  school  district  clerk,  read  an  affidavit  showing  that  the  meeting  was 

called  on  the  written  request  of  at  least  five  legal  voters  of  the  district,  and  that  no- 
tices thereof  were  posted  in  the  manner  prescribed  for  calling  the  annual  meeting, 
and  that  at  least  three-fourths  of  the  legal  voters  (men  and  women)  had  been  noti- 
fied either  personally  or  by  a  written  notice  left  at  their  places  of  residence,  stating 
the  time,  place  and  objects  of  the  meeting,  and  specifying  the  amount  proposed  to 
be  voted,  at  least  s(ix  days  before  the  time  appointed  therefor,  exclusive  of  the  day  on 
■which  the  meeting  was  to  be  held,  which  said  affidavit  is  in  the  words  and  figures 
following,  to-wit: 


County. — ss. 

-,  being  first  duly  sworn,  on  oath,  deposes  and  says  that  he  is  the 


duly  elected  and  acting  clerk  of  school  district  No.  — ,  of  the  town  of ,  in 

county,  Wisconsin;  that  on  the day  of ,  19 — ,  a  request  in  writing  was 

filed  with  this  deponent,  requesting  deponent  to  call  a  special  district  meeting  on  the 

day  of ,  19 — ,  at  eight  o'clock  in  the  afternoon,  which  said  request  is  in 

the  words  and  figures  following,  to-wit: 

(Here  give  request  in  full.) 

That  thereafter  on  the  — day  of  ,  19 — ,  deponent  posted  notices  in 

public  places  in  said  district,  one  of  which  was  affixed  to  the  outer  door  of 

the  schoolhouse  in  said  district,  of  which  the  following  is  a  true  copy: 

(Here  give  notice  in  full.) 

That  on  the  day  of  ,   19 — ,  this  deponent  notified  the  following 

named  legal  voters  of  said, district  personally,  by  reading  the  said  notice  to  them: 

(Here  give  names  of  voters  personally  notified.) 

391 


School  Law  Comments. 

And  on  the  same  day  deponent  notified  the  following  named  legal  voters  of  said 
district  by  leaving  a  true  copy  of  said  notice  at  their  places'  of  residence: 

(Here  give  names  of  voters  so  notified.) 

That  the  persons  on  whom  such  notice  was  served  as  aforesaid  constituted  at  least 
three-fourths  of  all  the  legal  voters  of  the  district. 


Subscribed  and  sworn  to  before  me  this  day  of ,  19- 


Justice  of  the  Peace. 

The  following  resolution  was  read  to  the  meeting: 

"Resolved,  That  the  school  district  board  be  and  it  is  hereby  authorized  to  make 

application  for  a  loan  of dollars  from  the  state  trust  fund,  payable  in  

years,  with  interest  at  the  rate  of  4  per  cent  per  annum,  payable  annually.  (See 
Sections  261  to  262a)  for  the  purpose  of  building  a  schoolhouse." 

The  question  being  on  the  adoption  of  the  resolution,  a  vote  was  taken  by  written 
ballots,  which  resulted  as  follows: 

For  the  loan 


Against  the  loan 

Majority  for  the  loan 

The  following  resolution  was  then  offered  and  adopted: 

Resolved,  That  a  sum  sufficient  to  pay  the  interest  and  principal  of  the  loan  as 
it  becomes  due,  be  and  the  same  is  hereby  levied  upon  the  taxable  property  of  the 
district. 

I, ,  clerk  of  the  school  district  above  named,  do  hereby  certify  that 

the  above  and  foregoing  is  a  true  copy  of  the  record  of  the  proceedings  of  the  meeting 
therein  referred  to;  that  I  have  compared  the  same  with  the  original  record  in  my 
custody  and  that  it  is  a  true  copy  thereof  and  of  the  whole  of  such  original  record. 

Dated ,  19 — .  , 

District  Clerk. 

The  form  of  request  to  the  clerk  to  call  a  special  meeting  is  given  in  this  connec- 
tion for  the  convenience  of  school  officers  and  electors.  The  electors  may  at  the 
meeting  vote  to  borrow  a  smaller  sum  than  that  named  in  the  call  but  cannot  vote 
to  borrow  a  larger  amount. 

Request  to  District  Clerk  to  Call  a  Special  Meeting. 

To ,  Clerk  of School  District  No.  — -  of  the  Town  of : 

Sir: — You  are  hereby  requested  to  call  a  special  meeting  of  the  above  district  on 

the day  of ,  19 — ,  at  eight  o'clock  in  the  afternoon  for  the  purpose  of 

voting  on  the  following  propositions,  viz.: 

1st.  To  authorize  the  school  board  to  make  application  for  a  loan  of dol- 
lars from  the  State  Trust  Funds,  payable  in  years,  with  interest  at  the  rate 

of  4  per  cent  per  annum,  payable  annually,  for  the  purpose  of  building  a  schoolhouse. 
2nd.  To  raise  by  tax  a  sum  sufficient  to  pay  the  principal    and    interest    of    such 
loan  as  it  becomes  due. 

Signed: 


The  form  of  notice  for  a  special  school  meeting  given  herewith  is  one  adopted 
by  the  land  commissioners,  and  the  district  clerk  should,  as  far  as  possible,  make 
copies  to  be  posted,  agree  with  this  form. 

It  must  not  be  forgotten  that  copies  of  the  notice  must  be  served  upon  at  least 
three-fourths  of  the  electors  (men  and  women)  of  the  district,  at  least  six  days  be- 
fore the  meeting  and  exclusive  of  the  day  on  which  the  meeting  is  to  be  held.  Any 
failure  to  follow  the  direction  given  in  section  427,  of  this  code,  is  likely  to  invalidate 
all  proceedings  of  the  electors  at  said  special  meeting. 

(Form  of  Notice  for  Special  School  Meeting.) 

Nc  tice  is  hereby  given  to  the  qualified  voters  of  School  District  No.  — , 

town  of ,  that  a  special  school  meeting  of  said  district  will  be  held  at , 

in  said  district  on  the day  of : — -,  19 — ,  at  eight  o'clock  P.  M.,  for  the  pur- 
pose of  voting  the  following  propositions,  viz.: 

1st.  To  authorize  the  school  board  to  make  application  for  a  loan  of  — dol- 
lars from  the  State  Trust  Funds,  payable  in  years,  with    interest    at    the    rate 

of  4  per  cent  per  annum,  payable  annually,   for  the  purpose  of  building  a  school- 
house.  * 

392 


School  Law  Comments. 

2nd.  To  raise  by  tax  a  sum  sufficient  to  pay  the  principal  and  interest  of  such 
loan  as  it  becomes  due. 

( Signed )  , 

Dated  .  District  Clerk. 

Persons  interested  in  securing  money  from  the  trust  funds  for  building  purposes 
or  for  paying  off  old  district  indebtedness  should  carefully  study  the  above  directions 
to  be  followed  in  cases  where  a  proposition  to  "borrow  money"  is  to  come  before  the 
district  electors.  The  school  board  and  three  or  four  other  interested  persons  should 
hold  an  informal  meeting  for  the  purpose  of  informing  themselves  in  regard  to  the  law, 
and  the  method  to  be  followed  as  outlined  above.  The  amount  needed  as  well  as  the 
particular  purposes  for  which  it  is  to  be  used  should  be  well  thought  out  and  such  in- 
formation secured  relating  to  the  cost  of  building,  or  the  amount  and  character  of  the 
indebtedness  as  will  enable  a  clear  presentation  of  facts  to  be  placed  before  the  electors 
when  the  annual  or  special  meeting  is  held.  This  plan  will  avoid  oversights,  errors, 
and  misunderstandings  and  will  expedite  business,  prevent  irritation  and  delay  and  be 
a  source  of  satisfaction  to  the  district  generally  if  donvs  from  proper  motives. 

Sections  477  to  484. 

The  foregoing  sections  embody  the  laws  in  force  as  to  the  establishment  of  school- 
house  sites.  The  town  board  is  to  be  called  upon,  not  to  select  or  designate  a  site  in 
any  case,  but  to  locate  and  establish  the  same  or  any  addition  thereto,  when  the  dis- 
trict cannot  obtain  it  on  reasonable  terms,  or  because  the  owner  is  a  nonresident. 

All  sites  now  selected  must  be  on  a  public  highway.  In  cases  where  schoolhouses 
are  not  on  a  public  highway,  the  supervisors  may  be  compelled  to  lay  a  highway  to  the 
house.      (See  section  1275m.) 

Section  489. 

The  property  belonging  to  the  district  is  not  liable  to  levy  or  sale  upon  an  execu- 
tion. Under  the  rendition  of  any  judgment  against  a  school  district,  a  transcript  of 
the  same  is  to  be  filed  with  the  town  clerk,  or,  if  the  district  be  a  joint  district,  with  the 
clerk  of  each  town  in  which  such  district  is  in  part  situated.  The  town  clerk  is  then 
required  to  assess  the  amount  of  the  judgment,  with  interest  thereon,  in  a  separate 
column,  in  the  next  assessment  roll,  and  the  lax,  when  collected,  shall  be  paid  to  the 
party  entitled  thereto. 

FREE  HIGH  SCHOOLS. 

Section  493. 

The  officers,  if  elected,  are  to  bear  the  same  names  and  are  elected  for  the  same 
terms  as  like  officersjn  school  districts.  In  cities  independent  of  the  county  superin- 
tendent, the  board  of  education,  and  in  single  districts,  the  district  board,  becomes  the 
free  high  school  board,  without  action  on  the  part  of  the  people  at  the  time  of  the 
adoption  of  the  system. 

The  duties  of  the  several  officers  and  of  the  boards  are  similar  to  those  of  district 
officers  and  boards.  The  clerk  is  to  report  directly  to  the  county  superintendent,  but 
in  cities  independent  of  that  officer,  the  report  must  be  made  by  the  city  superintend- 
ent or  by  the  board  of  education,  and  incorporated  in  the  report  of  other  matters  to  the 
state  superintendent.  Section  496  provides  for  a  financial  report  to  be  made  in  du- 
plicate for  each  free  high  school  directly  to  the  state  superintendent. 

Section  494a. 
This  section  provides  for  the  establishment  of  a  new  and  peculiar  department  in 
connection  with  a  free  high  school.  Its  purpose  is  to  offer  opportunities  for  persons 
who,  owing  to  circumstances,  cannot  take  the  regular  high  school  work  to  improve 
themselves  along  educational  lines.  It  will  be  noted  that  the  teacher  having  charge 
of  this  school  must  possess  high  and  satisfactory  qualifications.  Graduates  of  country 
schools  who  can  only  give  a  part  of  the  winter  to  school  work  will  find  this  a  popular, 
helpful  and  valuable  department. 

Section  495. 
If  the  amount  to  be  raised  is  legally  apportioned  to  the  town,  the  clerk  thereof 
must  include  it  in  the  tax  roll,  notwithstanding  directions  from  the  town  board  and  the 
electors  at  the  town  meeting  to  the  contrary.  "The  refusal  of  one  town  or  any  number 
of  towns  (at  least  any  number  less  than  the  whole),  in  a  joint  free  high  school  dis- 
trict, to  levy  and  collect  taxes  on  the  taxable  property  in  any  such  town  to  pay  its  due 
proportion  of  the  expenses  of  maintaining  the  school  when  such  proportion  has  been 
lawfully  ascertained  cannot  disorganize  or  dissolve  the  joint  district  or  relieve  the 
clerk  of  any  such  defaulting  town  of  the  duty  of  inserting  the  proper  sum  in  the  tax 
roll  of  his  town."      State  v.  Lamont,  8  6  Wis.,  5  63.    * 

393 


School  Law  Comments. 

Section  495a. 
This  law  was  passed  for  the  purpose  of  authorizing  the  electors  of  the  town,  assem- 
bled at  some  special  or  annual  town  meeting,  to  vote  a  tax  for  the  purpose  of  providing 
funds  for  the  erection  and  equipment  of  a  town  high  school  building  and  for  pur- 
chasing a  site.  This  law  does  not  give  the  electors  the  power' to  select  or  designate 
the  location  of  the  free  high  school  site. 

Section  431a  provides  a  most  excellent  plan  for  holding  annual  school  meetings 
in  village,  and  city  high  school  districts.  Study  this  section.  The  plan  has  so  far 
worked  well  in  the  places  where  it  has  been  adopted. 

Section  496fc. 

This  section  increases  the  nonresident  fee  for  attendance  upon  free  high  schools 
from  fifty  cents  a  week  to  one  dollar  a  week;  said  tuition  to  be  paid  by  the  town  or 
village  in  which  said  pupil  resides.  In  levying  a  tax  to  pay  this  tuition,  attention 
must  be  given  to  the  boundaries  of  the  free  high  school  district.  Any  lands  or  prop- 
erty lying  within  a  free  high  school  district  cannot  lawfully  be  taxed  for  the  purpose 

of  providing  for  the  tuition  of  nonresident  pupils. 

i 

i 

Section  496o. 

The  law  permits  persons  (a)  of  school  age  (b)  not  residing  in  a  high  school  dis- 
trict, (c)  possessed  of  proper  evidence  of  having  completed  a  common  school  course 
of  study,  to  attend  any  free  high  school  in  Wisconsin,  where  (d)  facilities  for  instruc- 
tion are  sufficient,  and  (e)  subject  to  the  rules  and  regulations  of  such,  school  and 
makes  their  tuition  not  to  exceed  one  dollar  a  week,  chargeable  to  the  town,  city  or 
village  in  which  they  reside. 

Under  "(c)"  above  the  following  points  are  to  be  noted: 

1.  The  course  of  study  to  be  completed  must  be  prescribed  by  the  state  superin- 
tendent, and  it  is  left  to  him  to  determine  what  shall  constitute  a  completion  hereof. 
The  course  prescribed  by  him  is  found  in  the  manual  for  common  schools. 

2.  Except  in  city  superintendent  districts,  all  public  schools  except  free  high 
schools,  are  under  the  supervision  of  some  county  superintendent,  and  all  diplomas 
issued  by  such  schools  must  receive  his. sanction  in  order  to  be  received  as  evidence 
that  the  common  school  course  of  study  has  been  completed.  He  may  insist  upon 
examination  in  all  cases,  or,  as  in  the  case  of  a  system  of  graded  schools  under  the 
supervision  of  a  high  school  principal,  he  may  accept  the  certificates  of  the  principal 
without  examination. 

3.  It  follows,  therefore,  that  whereas  the  principal,  acting  under  direction  of  the 
board  has  heretofore  had  the  power  to  determine  the  qualifications  for  admission,  the 
power  to  do  so  now  rests  solely  with  the  county  superintendent. 

It  would  seem  that  in  all  cases  where  a  pupil  has  been  in  attendance  upon  a  free 
high  school  and  has  completed  the  work  of  any  year  of  said  high  school,  the  records 
may  be  taken  by  the  county  superintendent  as  sufficient  evidence  of  the  qualifications 
of  the  pupil  to  continue  high  school  work,  and  of  his  right,  if  he  so  desires,  to  have  his 
tuition  made  a  charge  upon  the  town  or  village  in  which  he  resides.  It  would  also 
seem  that  in  cases  where  nonresident  pupils  complete  the  work  in  the  Sth  or  9th 
grade  in  any  district  having  a  free  high  school,  the  record  of  such  department  may  be 
accepted  by  the  county  superintendent  as  evidence  of  the  fitness  of  such  pupil  to  enter 
the  high  school  with  other  pupils  of  the  same  class  and  grade,  who  are  residents  of  the 
free  high  school  district. 

4.  In  order  that  charges  for  tuition  may  be  collected  by  a  free  high  school  board 
from  the  town  in  which  any  nonresident  student  resides,  the  secretary  must,  before 
the  first  day  of  July  in  each  year,  file  a  sworn  statement  with  the  clerk,  giving  resi- 
dence, name,  age,  date  of  entrance  and  number  of  months'  attendance  at  school  of 
each  person  so  admitted  from  his  town,  city  or  village,  together  with  the  amount  of 
tuition  charged,  such  charge  not  to  exceed  one  dollar  per  week. 

5.  This  statement  must  be  accompanied  by  a  diploma,  or  copy  of  diploma,  or  cer- 
tificate from  one  who  has  signed  the  diploma,  or  a  certificate  from  the  county  super- 
intendent. As  above  shown,  this  diploma,  if  from  a  public  school  under  the  super- 
vision of  the  county  superintendent,  must  have  been  issued  by  the  county  superin- 
tendent, or  have  received  his  sanction  in  order  that  it  may  be  received  as  evidence 
that  the  common  school  course  of  study  has  been  completed. 

When  a  certificate  or  diploma  as  above  described,  or  a  certified  copy  of  either,  has 
once  been  filed  with  the  clerk,  the  law  will  doubtless  be  satisfied  thereafter  if  other 
copies  are  not  filed  with  him  with  the  bill  for  tuition. 

UNION  FREE  HIGH  SCHOOLS 

Sections  495 — 1  to  495 — 20. 
The  union  free  high  school  law  provides  an  opportunity  more  elastic  than  that 
offered  by  the  town  free  high  school  for  the  purpose  of  forming  large  high  school  dis- 

394 


School  Law  Comments. 

tricts.  This  law  applies  to  any  town  no  matter  whether  it  contains  36  sections  or 
more.  It  also  applies  to  cases  where  it  is  desired  to  unite  two  or  more  towns  in  their 
entirety.  Furthermore,  it  permits  the  electors  residing  on  territory,  parts  of  two  or 
more  towns,  etc.,  to  establish  a  large  free  high  school  district  without  reference  to 
town  lines.  The  plan  of  organization  and  the  plan  of  conducting  the  school  affairs 
are  more  popular  than  are  the  plans  of  formation  and  organization  of  town  free  high 
school  districts.  Indeed,  since  this  law  has  been  understood,  it  has  taken  the  place 
of  the  town  free  high  school  law  in  practically  every  instance  where  enlarged  high 
school  districts  have  been  formed. 

Parties  contemplating  the  organization  of  a  town  free  high  school  or  a  union  free 
high  school  district  should  carefully  consider  which  plan  is  best  adapted  to  existing 
conditions.  It  is  a  good  plan  to  have  a  number  of  the  electors  of  the  district  get  to- 
gether for  the  purpose  of  studying  the  laws  and  determining  the  method  of  procedure 
before  any  steps  are  taken  under  the  statute  towards  the  formation  of  the  district. 
It  must  be  understood  that  the  special  aid  coming  to  the  district  and  the  general 
laws  governing  admission  of  students,  both  nonresident  and  local,  qualifications  of 
the  teacher,  inspection  of  high  school  inspector,  etc.,  apply  to  union  and  town  free 
high  schools  alike.  It  is  also  the  privilege  of  electors  of  a  union  free  high  school  to 
authorize  the  union  free  high  school  board  to  unite  with  the  board  of  an  ordinary 
school  district  in  the  erection  of  a  building  suitable  for  housing  both  high  school  and 
district  school  children. 

The  annual  union  free  high  school  district  meeting  is  held  on  the  third  Monday 
in  March,  and  the  fact  that  a  village  may  form  part  of  the  union  free  high  school  dis- 
trict does  not  deprive  the  electors  of  both  village  and  surrounding  towns  from  meet- 
ing in  common  for  the  purpose  of  considering  all  matters  pertaining  to  the  govern- 
ment and  welfare  of  the  union  free  high  school  district.  It  is  more  democratic  in  its 
government  than  is  the  town  free  high  school. 

Section  49  6c?. 

Under  this  chapter  teachers  who  hold  second  grade  certificates  and  who  have  had 
at  least  two  years'  successful  experience  may  be  legally  engaged  as  principals  of  state 
graded  schools  of  the  second  class.  A  teacher  who  holds  a  first  grade  certificate  must 
have  had  at  least  one  year's  successful  experience.  The  word  "year"  now  means  at 
least  eight  months.  The  testimonial  of  successful  experience  must  be  certified  to  by 
the  county  superintendent  of  the  county  in  which  the  school  to  be  taught  is  located, 
and  a  copy  filed  with  the  clerk  of  the  district  subject  to  examination  by  the  state 
graded  school  inspector. 

Section  49  6e. 

It  is  intended  that  these  special  state  aids  granted  to  state  graded  schools  shall 
encourage  the  electors  and  school  officers  of  such  district  to  engage  thoroughly  efficient 
teachers  and  to  make  adequate  and  liberal  provision  for  better  schoolrooms,  better 
and  properly  lighted  and  seated  and  better  equipped  with  good  blackboards,  maps, 
etc.,  etc.  Ample  playground  should  also  be  provided.  A  playground  is  now  recog- 
nized as  a  necessary  adjunct  to  an  up-to-date  school  plant.  Ample  provision 
should  fee  made  for  heating  and  ventilation,  and  the  outbuildings  should  be  properly 
erected,  screened  and  maintained.  It  is  not  the  intention  of  these  special  aids  to 
simply  reduce  the  school  burden  that  might  otherwise  fall  upon  the  taxpayers.  The 
prime  motive  is  betterment  of  school  conditions  and  better  school  advantages  and 
conveniences  for  teachers  and  school. 

A  district  having  a  school  of  but  one  department,  with  a  large  attendance  may, 
under  this  law,  find  it  decidedly  advantageous  to  organize  an  additional  department, 
properly  grade  the  school,  and  by  so  doing  become  entitled  to  special  aid  from  the 
state,  to  the  amount  of  $200  or  $300  per  annum,  as  the  case  may  be.  Applications 
for  place  upon  the  graded  school  list  should  be  made  before  the  first  day  of  September, 
in  any  year.  The  following  directions  and  suggestions  are  given  for  the  considera- 
tion of  school  boards  of  districts  interested  in  securing  special  aid  under  this  chapter. 

1,  Write  to  the  state  superintendent  for  a  special  application  blank. 

2.  When  the  blank  is  received,  call  a  meeting  of  the  school  board  in  accordance 
with  law,  make  a  motion  to  apply  for  state  aid,  record  this  motioa  and  the  vote  upon 
it  as  a  part  of  the  minutes  of  the  meeting,  then  fill  out  the  application  which  must  be 
signed  by  at  least  a  majority  of  the  members  of  the  board,  and  return  it  to  the  state 
superintendent. 

If  it  is  proposed  to  organize  an  additional  department  to  your  school  for  the  com- 
ing year,  you  should  plan  to  recommend  the  levying  of  a  tax  sufficient  to  meet  such 
charges  as  may  be  necessary,  to  the  electors  at  your  annual  school  district  meeting  to 
be  held  the  first  Monday  in  July.  Provision  must  also  be  made  for  nine  months  of 
school  during  the  year. 

The  application  for  the  state  aid,  properly  signed,  must  be  in  the  hands  of  the  state 
superintendent  before  September  1  of  any  year. 

In  the  employment  of  teachers,  the  board  must  see  that  each  teacher  holds  an  un- 
expired certificate  of  a  grade  demanded  for  the  department  of  which  each  teacher  is= 
to  take  charge. 

395 


School  Law  Comments. 

APPEALS. 

Section  497. 

Directions  Respecting  Appeals. 

Direction  1.  An  appeal  to  the  state  superintendent  must  be  in  writing  and  signed 
by  the  appellant  or  appellants,  but  no  particular  form  of  statement  is  necessary.  All 
that  the  state  superintendent  requires  is  a  plain  statement  of  the  facts  in  the  case. 
These  may  be  written  by  anyone  on  legal  cap  paper.  It  is  not  necessary  that  they 
shall  be  typewritten. 

Direction  2.  The  appeal  should  set  forth  the  action  or  proceedings  taken  or  had 
by  the  parties  from  whose  decision  the  appeal  is  taken.  The  appeal  should  also  give 
the  reason  or  reasons  why  the  action  should  be  set  aside.  When  the  statements  are 
finished  there  must  be  an  affidavit  to  the  effect  that  they  are  correct.  A  copy  of  the 
appeal  must  also  be  served  upon  the  parties  from  whose  action  the  appeal  is  taken. 
This  party  will  generally  admit  service  of  the  copy.  This  admission  of  service  should 
be  written  upon  the  original  appeal  papers.  If  the  party  refuses  to  admit  service  an 
affidavit  to  the  effect  that  a  copy  has  been  served  must  appear  upon  the  original. 

Direction  3.  If  the  appeal  is  based  upon  the  refusal  of  the  supervisors,  trustees, 
etc.,  to  act,  it  is  taken  to  the  committee  on  common  schools. 

(a)  When  the  appeal  relates  to  the  creation  of  a  school  district  or  the  alteration 
of  school  district  boundaries. 

(b)  To  the  state  superintendent  in  all  other  cases. 

Direction  4.  If  the  boards  cf  supervisors,  etc.,  have  taken  proceedings  and  have 
granted  a  hearing  to  the  parties  interested  in  the  matter  and  have  changed  the  bound- 
aries of  school  districts  or  formed  a  new  school  district,  or  have  refused  to  change  the 
boundaries  or  to  form  the  district,  the  appeal  is  placed  before  the  committee  on  com- 
mon schools  in  writing  as  referred  to  in  Direction  2.  In  such  case  no  oral  hearing  is 
granted  by  the  committee  on  common  schools. 

Direction  5.  Anyone  feeling  himself  aggrieved  by  the  decision  of  the  committee 
on  common  schools  is  privileged  to  take  an  appeal  to  the  state  superintendent. 

This  appeal  must  be  written  following  the  direction  in  No.  2.  If  taken  from  the 
action  of  the  committee  on  common  schools  after  the  supervisors  have  taken  action, 
all  the  papers  relating  to  the  matter  and  filed  with  the  committee  must  be  filed  with 
the  state  superintendent  as  a  part  of  the  appeal. 

Direction  6.  An  answer  to  the  appeal  may  be  made  by  the  party  upon  whom  the 
appeal  is  served,  or,  if  said  party  does  not  desire  to  answer,  he  is  privileged  to  turn 
the  papers  over  to  some  interested  party  or  parties  and  they  are  privileged  to  make 
answer. 

Direction  7.  This  answer  should  be  filed  within  15  days  after  service  of  the  ap- 
peal and  a  copy  must  be  served  upon  the  appellant.  The  answer  must  also  be  accom- 
panied by  an  affidavit  to  the  effect  that  the  statements  made  therein  are  correct.  Evi- 
dence of  admission  of  service  must  also  be  placed  on  the  answer. 

Direction  8.  In  cases  where  district  boundaries  are  affected  a  sketch  map  drawn 
upon  a  scale  of  one  or  two  inches  to  the  mile  should  be  made  a  part  of  the  appeal. 
This  sketch  map  should  show  the  boundaries  of  the  district  before  any  proceedings 
were  had.  The  changes,  if  any,  made  by  the  action  of  the  supervisors  or  the  commit- 
tee on  common  schools,  as  the  case  may  be,  should  be  indicated.  If  the  supervisors, 
etc.,  refuse  to  make  any  change,  the  changes  desired  by  the  appellants  should  be 
marked. 

Direction  9.  The  assessed  valuation  of  each  district  interested  should  be  given, 
approximately  at  least.  Also  the  value  of  the  territory  which  it  is  desired  shall  be 
attached  or  detached.  The  sketch  map  should  show  the  location  of  the  highways, 
schoolhouses,  bridges,  rivers,  marshes,  etc.,  and  also  the  homes,  as  nearly  as  prac- 
ticable, of  the  residents  immediately  interested  by  the  changes  of  territory.  The 
number  of  persons  of  school  age  resident  in  each  district  should  be  given  and  the 
number  of  children  in  the  families  living  on  the  disputed  territory. 

Direction  10.     The  following  form  of  affidavit  is  suggested: 

■ — ■  ■ being  duly  sworn  deposes  and  says  that  the  statements  made  in 

the  above  appeal  (or  answer)  all  and  several  are  true  according  to  the  best  of  his 
knowledge  and  belief  and  further  that  the  accompanying  map,  list  of  children,  valua- 
tion of  property,  etc.,  are  correct.*  , 

Appellant. 

Subscribed  and  sworn  to  before  me  this  day  of  ,  19 — . 


Notary  Public. 


*In  other  matters  than  formation  or  alteration  of  districts,  the  latter  part  of  the 
affidavit  after  the  word  "belief,"  may  be  omitted,  or  any  needed  change  may  be  made. 

When  several  persons  unite  in  making  an  appeal,  the  affidavits  may  be  so  changed 
as  to  admit  the  names  of  all  the  appellants,  and  each  should  sign  the  appeal  and  sub- 
scribe to  each  and  every  affidavit.     When  the  action  appealed  from  is  the  action  of 

396 


School  Law  Comments. 

3.  A  complete  and  correct  copy  of  the  appeal  and  affidavit,  and  all  accompanying 
papers  should  be  made,  to  which  another  affidavit  should  be  attached,  stating  that 
they  are  correct  copies  of  the  papers  in  the  case. 

The  form  of  the  affidavit  may  be  as  follows: 

A.  B.,  being  duly  sworn,  deposes  and  says  that  the  above  is  a  full  and  correct  copy 
of  an  appeal,  and  all  accompanying  papers,  designed  to  be  sent  to  the  state  superin- 
tendent. 

(Signed) 


1  0 

1                            • 

,   J.J 

C.   D., 

Subscribed  and  sworn  to  before  me  this day  of 

Justice  of  the  Peace  (or  Notary  Public). 

This  affidavit  should  be  made  upon  the  copy  only — not  upon  the  original  appeal 
that  is  to  be  sent  to  the  state  superintendent.  The  copy  should  then  be  served  upon 
the  party  from  whose  action  the  appeal  is  taken,  either  by  handing  it  to  him,  or  leav- 
ing it  at  his  residence.  If  the  appeal  is  from  the  action  of  the  supervisors,  the  chair- 
man of  the  board  is  a  suitable  party  upon  whom  to  serve  the  copy;  if  from  the  pro- 
ceedings of  a  district  meeting,  upon  the  clerk  or  chairman  of  the  meeting.  It  should 
not  be  served,  however,  upon  an  individual  who  did  not  sustain  the  action  appealed 
from  as  in  that  case  no  answer  is  likely  to  be  made. 

The  person  serving  the  copy  of  appeal  should  carry  with  him  the  original  appeal, 
so  that  the  party  from  whose  action  the  appeal  is  taken  may,  if  willing,  admit  service 
of  a  true  copy,  by  the  following  form  indorsed  upon  the  original  appeal: 

I,  E.  P.,  do  hereby  admit  service  of  the  above  (or  within)  appeal. 

(Signed)  .  ■ — . 

In  case  no  such  admission  of  service  be  made,  the  appellant  will  append  to  his 
appeal  an  affidavit  of  the  following  form: 

A.  B.,  being  duly  sworn,  deposes  and  says  that  upon  the  day  of  , 

19 — ,  he  did  serve  a  true  and  verified  copy  of  this  appeal,  and  all  accompanying  papers, 
upon  E.  P.,  by  handing  the  same  to  said  E.  P.  (or  by  leaving  it  at  his  residence  as  the 
case  may  be). 

(Signed) -. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 

C.  D., 
Justice  of  the  Peace   (or  Notary  Public). 

4.  An  appeal  should  be  taken  within  thirty  days  from  the  performance  of  the  act 
appealed  from,  or  within  thirty  days  after  the  action  complained  of  has  come  to  the 
knowledge  of  the  appellant. 

i 
The  Answer. 

1.  The  appellee  has  fifteen  days  in  which  to  prepare  his  answer,  and  all  the 
directions  above  given  in  reference  to  the  preparation  and  service  of  a  copy  of  the  ap- 
peal papers,  should  be  complied  with  in  preparing  and  serving  the  answer  upon  the 
appellant,  before  it  is  forwarded  to  the  state  superintendent.  The  forms  of  affidavit 
given  above  will  answer  in  all  cases  for  forms  to  be  used  by  the  appellee,  by  changing 
the  words  so  that  the  affidavit  shall  refer  to  an  "answer  to  an  appeal,"  instead  of  to 
an  appeal,  and  by  signing  it  as  appellee  instead  of  appellant. 

2.  The  answer  to  an  appeal  may  be  served  upon  any  one  of  a  number  of  appellants. 
When  the  town  board  of  supervisors  is  a  party,  and  papers  have  been  served  upon  the 
chairman,  if  he  is  in  favor  of  the  party  appealing,  one  of  the  other  supervisors  should 
make  answer. 

3.  In  case  of  neglect  of  the  proper  appellees  to  answer  an  appeal,  any  person  hav- 
ing an  interest  in  the  matter  may  make  answer  to  it,  being  governed  in  all  cases  by 
the  same  rules  as  would  govern  appellee. 

Replication  or  Rejoinder. 

A  replication  or  rejoinder  will  be  allowed,  upon  proof  that  new  facts  have  come 
to  the  knowledge  of  the  party  wishing  the  rejoinder  since  the  appeal  or  answer  was 
submitted  to  the  state  superintendent,  or  that  there  are  material  errors  in  the  state- 
ment of  the  other  party. 

several  persons,  it  is  sufficient  to  serve  a  copy  of  the  appeal  upon  any  one  of  the  num- 
ber, but  it  should  always  be  served  upon  one  not  agreeing  with  the  appellant's,  that 
an  answer  may  be  made. 

When  all  the  above  directions  are  complied  with,  the  original  papers  are  ready  to 
be  forwarded  to  the  state  superintendent. 

397 


School  Law  Comments. 

General  Remarks. 

If  the  appellant  or  appellee  presents  statements  of  other  parties,  these  statements 
should  be  verified  by  the  affidavit  of  the  person  making  the  same. 

All  decisions  on  appeal  must  be  filed  or  recorded  as  the  state  .superintendent  shall 
direct. 

No  decision  can  be  rendered  on  ex  parte  statements.  No  papers  will  be  considered 
that  are  not  properly  verified,  and  properly  served  on  opposing  parties. 

The  propriety  of  leaving  out  of  appeals  all  matters  of  a  purely  personal  character, 
except  as  they  may  have  a  direct  bearing  upon  the  subject,  is  obvious. 

As  appeals  are  usually  decided  upon  written  and  not  upon  oral  evidence,  it  is  not 
necessary  or  proper  for  either  party  to  appear  in  person,  expecting  to  be  heard  in  the 
case,  without  the  presence  of  the  other  party. 

Particular  care  should  be  taken  to  follow  the  directions  in  regard  to  affidavits, 
serving  copy,  etc.,  so  that  it  may  not  be  necessary  to  send  papers  back  for  correction. 

Not  only  must  every  paper  presented  in  a  case,  by  either  party,  be  verified  by  af- 
fidavit, and  a  copy  be  served  on  the  other  side,  but  in  making  the  copy,  care  must  be 
taken  to  copy  every  affidavit  as  well  as  the  statement  which  it  verifies.  If  this  is  not 
done,  the  party  upon  whom  such  copy  is  served  has  no  evidence  that  the  original  was 
sworn  to. 

If  the  appeal  is  not  taken  or  the  answer  or  rejoinder  made  within  the  prescribed 
time,  the  reasons  for  the  delay  must  be  given. 

Appeals  by  Teachers. 

Any  person  refused  a  certificate  by  the  county  superintendent  of  schools  may  make 
appeal  to  the  state  superintendent,  according  to  section  452.  using  the  following  form: 
To  A.  B.,  County  Superintendent  of  Schools  for County: 

Sir:  You  are  hereby  notified  that  I  intend  to  appeal  from  your  refusal  to  grant  me 
a  certificate,  and  I  hereby  ask  you  for  your  reasons  for  such  a  refusal,  that  I  may  pre- 
sent the  same  to  the  state  superintendent  with  my  appeal. 

Respectfully  yours, . 

The  refusal  is  ordinarily  for  alleged  want  of  learning.  In  this  case  the  appellant 
will  usually  appear  before  the  state  superintendent  for  reexamination.  He  should 
not  come,  however,  without  previous  notice;  but  after  notice  to  the  county  superin- 
tendent, as  above,  and  on  obtaining  the  statement  of  reasons  for  refusal,  he  should 
forward  the  same  to  the  state  superintendent,  notifying  him  of  his  desire  for  a  re- 
examination, that  a  time  may  be  fixed  which  may  be  convenient  to  both  parties. 

If  the  appellant  and  county  superintendent  mutually  agree  that  the  appeal  shall  be 
decided  on  the  papers  on  which  a  certificate  was  refused,  a  reexamination  may  not  be 
necessary. 

If  the  refusal  is  for  alleged  want  of  ability  to  teach,  or  for  alleged  immorality,  the 
appeal  will  be  decided  on  the  evidence  submitted  in  writing  by  the  parties.  The 
papers  should  be  made  out  and  verified,  and  copies  served,  as  provided  under  the  Rules 
for  Appeals. 

In  case  a  teacher's  certificate  is  annulled,  he  also  has  a  right  of  appeal.      For  this 
purpose  the  following  form  may  be  used: 
To  A.  B.,  County  Superintendent  of  Schools  for County: 

Sir:  You  are  hereby  notified  that  I  intend  to  appeal  from  your  action  in  annulling 
my  certificate,  and  I  hereby  ask  for  your  reasons  for  such  action,  that  I  may  present  the 
same  to  the  state  superintendent,  with  my  appeal. 

Respectfully  yours, . 

The  directions  given  above,  in  regard  to  an  appeal  from  a  refusal  to  grant  a  cer- 
tificate are  to  be  followed,  as  far  as  applicable,  in  an  appeal  from  the  action  of  a  super- 
intendent in  annulling  a  certificate. 

Section  553m — 1  to  Section  553m — 25,  inclusive. 

This  statute  demands  study  on  the  part  of  the  school  officers  and  electors.  The 
Question  of  whether  or  not  a  county  shall  adopt  a  uniform  system  of  textbooks  for 
the  schools  must  be  decided  by  the  members  of  the  school  district  board  when  assem- 
bled at  the  regular  county  school  board  convention.  If  this  question  is  presented  to 
the  county  school  board  convention  it  should  be  presented  in  the  form  of  a  resolution 
and  the  resolution  should  be  read  and  discussed  before  the  vote  is  taken.  Each  district 
is  entitled  to  one  vote  by  its  representative  who  may  be  present  at  the  convention,  no 
matter  whether  this  representative  is  district  clerk  or  some  other  officer.  The  vote  must 
be  taken  by  ballot.  The  ballot  should  have  written  or  printed  thereon  "For  County 
Uniformity  of  Textbooks,"  "Against  County  Uniformity  of  Textbooks."  If  a  majority 
of  the  districts  in  the  county  or  superintendent  district  vote  in  favor  of  county  uni- 
formity of  textbooks,  the  members  must  immediately  proceed  to  the  election  of  a 

398 


School  Law  Comments. 

county  board  of  education,  to  be  composed  of  five  persons,  unless  there  should  not  be 
five  properly  qualified  persons  in  the  county.  The  board  may  then  be  composed  of 
three  persons.  Each  of  the  members  of  the  board  of  education  must  have  had  at  least 
five  years  of  experience  in  teaching  or  in  the  supervision  of  public  schools.  (Eight 
months  of  teaching  may  for  the  present  be  construed  as  equivalent  to  one  year's  teach- 
ing.) The  term  of  office  of  the  members  of  the  board  of  education  is  five  years.  Va- 
cancies are  to  be  filled  regularly  by  the  school  board  conventions  and  may  be  filled 
temporarily  by  the  county  board  of  education.  It  is  the  duty  of  the  county  board  of 
education  to  select  the  textbooks  for  use  in  the  schools.  All  cities  and  districts  malu- 
taining  a  free  high  school  and  all  state  graded  schools  of  the  first  class  are  exempt 
from  the  operation  of  this  statute.  It  applies,  however,  to  the  one-room  common 
schools  and  to  the  state  graded  schools  of  the  second  class.  Districts  in  which  the  free 
textbook  system  has  been  adopted  are  not  required  to  adopt  the  textbooks  adopted  by 
the  board  of  education  until  some  change  is  made  in  the  textbooks  adopted  for  use  in 
that  particular  district.  Whenever  any  textbook  furnished  free  is  changed,  however, 
a  corresponding  book  of  the  uniform  series  must  take  its  place.  The  state  graded 
schools  of  the  first  class  and  the  grades  below  the  high  schools  are  privileged  to  adopt 
the  uniform  series  provided  by  the  board  of  education  and  are  also  to  secure  the  books 
for  the  same  rates  that  are  paid  by  the  one-department  schools.  When  textbooks  are 
once  introduced  they  must  not  be  changed  within  five  years-  from  the  date  of  the  adop- 
tion. Additional  and  supplementary  textbooks  may  be  selected  by  the  district  boards 
of  the  different  districts,  but  the  supplementary  books  must  not  be  used  to  the  ex- 
clusion of  the  books  adopted  by  the  board  of  education.  Suitable  and  convenient  de- 
positories are  to  be  provided  for  the  purpose  of  furnishing  the  books.  The  persons 
having  charge  of  the  sale  of  uniform  adopted  textbooks  are  to  be  governed  strictly  by 
the  provisions  of  the  act.  It  must  be  remembered  that  the  only  schools  coming  within 
the  scope  of  this  law  are  the  one-department  country  schools,  and  the  two-department 
state  graded  schools. 

See  also  Sections   553m — 101   to  553m — 108   known  as  the  uniform  price   text- 
book law. 


TEXTBOOKS. 

Section  553m — 101  to  Section  553m — 108,  inclusive. 

These  sections  demand  the  attention  of  every  school  officer  and  board  of  educa- 
tion. This  is  especially  true  in  all  cases  where  the  plan  of  furnishing  free  textbooks 
has  been  adopted.  A  pamphlet  giving  the  names  of  publishers  with  price  list  of  text- 
books will  be  sent  out  by  the  state  superintendent  on  or  before  the  first  day  of  June 
to  be  distributed  to  each  school  district  in  the  state.  The  purpose  of  this  statute 
is  to  regulate  the  sale  of  textbooks,  prevent  discrimination  in  prices  and  enable  schoo". 
officers  to  secure  textbooks  for  the  schools  at  the  lowest  rate.  The  textbook  law  will 
be  found  printed  in  the  textbook  pamphlet  and  it  is  the  purpose  of  the  office  of  the 
state  superintendent  to  keep  all  school  officers  regularly  informed  with  reference  to 
textbook  prices. 

Sections  560  to  5 6 On. 

These  sections  relate  to  the  $50  special  aid  given  to  one  room  rural  schools  of  the 
first  class  and  the  special  apportionment  made  to  the  teacher  under  certain  conditions. 
Some  5,5  00  country  schools  have  already  taken  advantage  of  the  $50  law.  Others 
should  follow. 

The  teaching  as  required  under  section  56  0g — 1,  included  among  the  sections 
named  above,  must  be  continuous  or  in  consecutive  years.  If  a  person  taught  for 
one  school  year  ending  June  30.  last  in  a  district  and  another  teacher  was  contracted 
with  for  the  fall  term  or  the  whole  of  the  succeeding  year,  but  quits  after  teaching 
the  fall  term  or  part  of  the  year  and  the  former  teacher  is  rehired,  said  former  teacher 
.is  not  entitled  to  consideration  under  this  statute.  The  continuous  service  of  such 
teacher  must  be  computed  from  the  date  on  which  she  began  teaching  after  being  re- 
hired. The  number  of  months  of  school  provided  for  by  the  electors  or  the  board 
of  the  district  contitutes  a  school  year  for  that  special  district.  This  aid  cannot  be 
paid  to  a  teacher  who  is  not  energetic,  progressive,  businesslike,  well-qualified  aca- 
demically, and  a  good  disciplinarian, — in  other  words,  "efficient,"  and  neat  in  her 
work.      The  county  superintendent  must  make  the  reports. 


399 


SUGGESTIVE    FORMS    FOR    THE    USE    OF 
TOWN   AND    SCHOOL   OFFICERS. 


No.  1 

Form  of  order  organizing  a  new  school  district,  to  be  filed  with  the  town  clerk. 

It  is  hereby  ordered  and  determined  that  [here  describe  the  territory  to  be  com- 
prised in  the  district,  by  sections  and  parts  of  sections]   shall  hereafter  constitute  a 

school  district,  to  be  known  as  school  district  No.  — ,  of  the  town  of . 

Given  under  our  hands,  this  day  of  ,  19 — . 

(Signed)  A B , 

C D , 

E F , 


Supervisors  of  the  town  of 


Note. — For  form  of  order  organizing  joint  district,  see  No.  6.  If  created  from  an 
old  district  (or  districts),  give  the  district  number  and  description  of  territory  taken 
therefrom. 


No.  2. 

Form  of  notice  for  the  first  meeting  of  a  school  district,  to  be  delivered  by  the  town 
supervisors  to  a  taxable  inhabitant  of  the  district. 

Having,  on  the day  of ,  19 — ,  formed  a- new  school  district,  to  be 

known  as  school  district  No.  — ,  of  the  town  of ,  [or  joint  school  district  No.  — , 

of  towns  of and ,  in  case  it  be  a  joint  district]  comprising  the  following 

territory:  [Here  insert  the  description  of  the  district,  as  in  form  No.  1],  you  are 
hereby  directed  to  notify  every  qualified  voter  (man  or  woman)  of  said  district  to  at- 
tend the  first  meeting  thereof,  which  is  hereby  appointed  to  be  held  at  the  house  of 

,  in  said  district,  on  the  day  of  ,   19 — ,  at  —  o'clock  in  the 

noon,  by  reading  this  notice  in  the  hearing  of  each  such  voter,  or  in  case  of 

absence  from  his  place  of  residence,  by  leaving  thereat  a  written  notice  of  the  time 
and  place  of  such  meeting,  at  least  five  days  before  the  time  appointed  for  such  meet- 
ing, and  thereof  to  make  due  return.      (See  form  No.  4.) 

Dated  at ,  this day  of  ,  19 — . 

(Signed)  A B , 

C D , 

E F , 


Supervisors  of  the  town  of . 

Note. — If  it  is  a  joint  district,  the  notice  must  be  signed  by  the  supervisors  of  each 
town  in  which  any  part  of  the  district  lies  and  women  as  well  as  men  must  be  notified. 


No.  3. 

Form  of  notice  for  first  meeting,  to  be  left  at  the  residence  of  a  voter  when  absent. 

To  A.  A.: 

By  direction  of  the  supervisors  of  the  town  of ,  you  are  hereby  notified  that 

the  first  meeting  of  school  district  No.  — ,  of ,  recently  formed,  will  be  held  at 

the  house  of ,  in  said  district,  on  the day  of  ,  19 — ,  at 

— ■ o'clock  in  the noon.     Your  attendance  is  requested. 

(Signed)  G H , 

(Person  appointed  to  give  notice.) 


No.  4. 

Form  of  return  to  be  endorsed  upon  notice  received  from  town  supervisors,  on  the 

formation  of  a  school  district. 

I  hereby  certify  that  I  have  notified  the  following  named  persons  [here  give  the 
names  in  full],  personally,  and  the  following  named  persons  [here  insert  names]  by 
copy,  according  to  the  directions  of  the  within  notice. 

Dated  this dav  of ,  19 — . 

(Signed)  G H , 

(Person  appointed  to  give  notice.) 
400 


Suggestive  Forms  for  Use  of  Town  and  School  Officers. 

No.  5. 

Form  of  notice  for  a  meeting  of  a  school  district  to  be  delivered  by  the  town  super- 
visors, to  a  taxable  inhabitant,  in  case  there  is  no  officer  to  call  a  meeting. 

To  A.  B.,  a  taxable  inhabitant  of  school  district  No.  — ,  of  : 


You  are  hereby  directed  to  notify  every  qualified  voter  of  school  district,  No.  — , 

of ,  to  attend  a  meeting  thereof,  which  is  hereby  appointed  to  be  held  at  the 

house  of ,  in  said  district  on  the day  of ,  19 — ,  at 

o'clock  in  the noon,  by  reading  this  notice  in  the  hearing  of  such  voter,  or  in 

case  of  absence  from  his  place  of  residence,  by  leaving  thereat  a  written  notice  of  the 
time  and  place  of  such  meeting,  at  least  five  days  before  the  time  appointed  for  such 
meeting.  The  following  is  a  description  of  said  district:  [here  describe  the  district 
as  in  form  No.  1.] 

(Signed)  •  A B , 

C D , 

E F , 

Supervisors  of  the  town  of . 


Note. — If  it  is  a  joint  district,  the  notice  must  be  signed  by  the  supervisors  of  each 
town  in  which  any  part  of  the  district  lies. 

No.  6. 

Form  of  order  organizing  a  joint  school  district. 

It  is  hereby  ordered  and  determined  that  [here  describe  the  territory  by  sections 
and  parts  of  sections]  shall  hereafter  constitute  a  school  district,  to  be  known  as  joint 

school  district  No. ,  of  the  towns  of  [here  insert  the  names  of  all  the  towns  in 

which  any  portion  of  the  district  is  situated]. 

Given  under  our  hands,  this day  of ,19 — . 

(Signed)  A B , 

C D , 

E F , 

Supervisors  of  the  town  of . 

G H , 

I J , 

K L , 


Supervisors  of  the  town  of . 

Note. — The  above  order  must  be  signed  by  at  least  two  supervisors  from  each  town 
affected  by  it,  and  a  copy  must  be  filed  with  the  town  clerk  of  each  town.  If  created 
from  an  old  district  or  districts,  give  number  of  old  district  and  a  description  of  ter- 
ritory taken. 


No.  7. 


Form  of  acceptance  of  office  by  district  officers  elected  at.  the  first  meeting  after  the 
formation  of  a  district,  to  be  filed  with  the  clerk  of  the  meeting. 

I  hereby  signify  my  acceptance  of  the  office  of  ,  of  school  district  No.  — , 

in  the  town  of ,  to  which  I  have  been  elected. 

Dated  this day  of ,  19 — . 

(Signed)  G H . 


No.  8. 


Form  of  notice  to  be  given  to  the  district  clerks,  treasurers,  and  directors  when  altera- 
tion of  the  boundaries  of  districts  is  contemplated  or  new  districts  formed. 
k 

To  C.  D.,  Clerk  of  school  district  No.  — ,  of  town  of 


You  will  take  notice  that  we  shall  be  present  at  [here  mention  the  place],  on  the 
day  of  ,  19 — ,  at  —  o'clock  in  the  noon,  to  hear  and  decide 


upon  certain  proposed  alterations  of  the  boundaries  of  your  school  district. 

Dated  this dav  of ,  19 — . 

(Signed)  A B , 

C D , 

E F , 

Supervisors  of  the  town  of . 

Note. — In  case  of  a  joint  district,  the  above  notice  must  be  signed  by  a  majority 
of  the  supervisors  of  each  town,  a  part  of  which  is  embraced  in  the  district  or  districts 
to  be  affected  by  the  proposed  alteration.  Return  must  be  filed  in  the  office  of  town 
clerk  of  each  town  by  person  serving  the  notice. 

401 


Suggestive  Forms  for  Use  of  Town  and  School  Officers. 

No.  9. 

Form  of  "return"  to  be  indorsed  upon  notice  of  final  meeting -of  supervisors  to  alter 
district  boundaries  or  to  create  a  new  school  district. 

To ,  clerk  of  the  town  of , county,  Wis.: 

I  hereby  certify  that  on  the  day  of ,  19 — ,  I 'served  upon  , 

known  to  me  to  be  clerk  [director  or  treasurer]  of  the  school  board  of  school  district 

No.  — ,  county  of ,  personally  [or  by  copy  left  at  place  of  residence],  a  copy  of 

the  within  notice. 

(Signed)  , 

(Person  serving  notice). 

Note. — If  the  district  is  joint — the  towns  (village  or  city)  should  be  named  in  the 
return.  A  copy  of  the  notice  must  be  made  part  of  the  return.  The  town  clerk  or 
any  one  designated  at  the  preliminary  meeting  can  serve  this  notice — or  several  per- 
sons may,  for  convenience,  perform  this  duty.  The  return  should  be  filed  in  the  of- 
fice of  the  clerk  of  each  town  (or  village  or  city)  in  case  joint  districts  are  involved. 
The  notice  must  be  served  at  least  five  full  days  previous  to  the  second  meeting. 


No.  10. 


Form  of  application  for  alteration  of  the  joint  school  district,   under   provision   of 
Chapter  218,  Laws  of  1903,  Section  419a,  of  this  school  code. 

To  A B : 

Chairman  of  the  Town  of , 

County  of . 

We,  the  undersigned,  members  of  the  town  board  of  supervisors  of  the  town  of 
-,  county  of ,  do  herewith  make  application  to  have  [here  describe  the  ter- 


ritory which  it  is  desired  shall  be  taken  from  one  district  and  made  part  of  another] 

detached  from  school  district  No.  - — ■  [joint]  of  the  town  [or  towns]  of ,  

county,  Wisconsin;  and  in  order  that  a  hearing  may  be  had  as  to  the  advisability  of  the 
transfer  of  territory  you  are  requested  to  fix  a  time  for  the  joint  meeting  of  the  boards 

of  supervisors  [or  board  of  trustees  or  common  council]  of  the  towns  of and 

;  said  meeting  to  be  held  not  less  than  ten  nor  more  than  twenty  days  after 

this  application  is  placed  in  your  hands. 

Note.- — If  the  chairman,  etc.,  attempts  to  call  the  meeting  he  must  not  only  notify 
the  supervisors  as  described  above  but  he  must  notify  the  clerks  of  the  different  dis- 
tricts, as  provided  for  in  section  418  of  the  statutes,  and  a  "return"  that  the  clerks 
have  been  so- notified  must  be  filed' in  the  office  of  the  clerk  of  each  town  by  the  person 
serving  the  notice.  It  is  advisable  that  the  person  serving  the  notices  upon  the  clerks 
shall  serve  notices  upon  the  treasurer  and  director,  making  suitable  "return."  If  the 
chairman  neglects  or  refuses  to  call  the  meeting  an  appeal  may  be  taken  to  the  com- 
mittee on  common  schools.  Chairmen  sometimes  do  refuse  and  cause  an  appeal  to  be 
taken  in  order  to  avoid*  expense  incurred  by  meeting. 


No.  11. 


Form  of  order  for  altering  the  boundaries  of  a  school  district. 

It  is  hereby  ordered  and  determined  that  the  [here  describe  the  territory  by  sec- 
tions and  parts  of  sections]  now  part  of  school  district  No.  — ,  of  the  town  of ,  be 

and  hereby  is  taken  from  said  school  district,  and  attached  to  and  made  a  part  o: 
school  district  No.  — ,  of  said  town  for  all  purposes  whatsoever. 

This  order  will  take  effect  on  the day  of ,  19 — . 

Given  under  our  hands  the day  of 19 — . 

(Signed)  A B , 

C D , 

E F , 

Supervisor  of  the  town  of . 


Note. — The  above  order  must  be  filed  with  the  town  clerk  and  the  district  clerk; 
and  in  case  of  a  joint  district  the  order  must  be  signed  by  a  majority  of  the  supervisors 
of  each  town,  a  part  of  which  is  embraced  in  the  district  and  filed  with  the  town  clerk 
of  each  town,  and  the  district  clerk  of  each  district  affected  by  the  alteration. 


No.  12. 

Form  of  order  of  town  supervisors  awarding  proportion  of  value  of  property  to  new 

district. 

To  the  district  clerk  of  school  district  No.  — ,  of  the  town  of : 


Having  formed  a  new  school  district,  No.  — ,  of  the  town  of — -,  in  part  [or 

whollv]  from  the  territory  of  your  district,  we  have  ascertained  and  determined  the 

402 


Suggestive  Forms  for  Use  of  Town  and  School  Officers. 

proportion  of  value  of  the  schoolhouse  and  other  property,  justly  due  to  such  new 
school  district  from  your  district,  retaining  such  schoolhouse  and  other  property  to 

he  dollars.      You  are  therefore  to  raise  and  collect  by  tax,  upon  the  taxable 

property  of  your  district,  the  said  sum  of dollars,  and  when  collected  pay  the 

same  to  the  treasurer  of  said  new  district. 

Given  under  our  hands  this  day  of  ,  19 — . 

(Signed)  A B— , 

C D , 

E F , 

Supervisors  of  the  town  of . 


Note. — In  the  case  of  a  joint  district,  the  above  notice  must  be  signed  by  a  majority 
of  the  supervisors  of  each  town  embraced,  in  part,  in  the  district. 


No.  13. 

Form  of  notice  for  annual  district  meeting. 
Notice  is  hereby  given  to  the  qualified  electors  of  school  district  No.  — ,  of  the  town 

of ,  that  the  annual  meeting  of  said  district  for  the  election  of  officers  and  the 

transaction  of  other  business,  will  be  held  at  ,  on  the  first  Monday,  being  the 

day  of  July,  at  7  o'clock  in  the  afternoon  [unless  some  other  hour  was  deter- 
mined upon  by  the  district  at  the  previous  annual  meeting}. 

Dated  this day  of ,19 — . 

(Signed)  C D , 


District  Clerk. 
Note. — A  copy  of  the  above  notice  must  be  affixed  to  the  outer  door  of  the  school- 
house,  if  there  be  one  in  the  district,  and  must  be  posted  up  in  at  least  three  other 
public  places,  at  least  six  days  before  the  time  appointed  for  the  meeting. 


No.  14. 

Form  of  notice  for  an  adjourned  district  meeting,  when  such  meeting  has  been  ad- 
journed for  a  longer  period  than  one  month. 

Notice  is  hereby  given,  that  a  meeting  of  the  qualified  electors  of  school  district 

No.  — ,  in  the  town  of ,  will  be  held  at ,  in  said  district,  on  the  —  day 

of  — ,  19 — ,  at  —  o'clock  in noon,  pursuant  to  adjournment  of  the  annual 

[or  special]  meeting  held  [here  give  the  date]. 

Dated  this day  of  ■ ,  19 — . 

(Signed)  C D , 

District  Clerk. 
Note. — The  foregoing  must  be  posted  the  same  as  for  the  annual  meeting. 


No.  15. 

Form  of  request  for  clerk  to  call  a  special  district  meeting. 

To  A.  B.,  clerk  of  school  district  No.  - — -  of  the  town  of : 

Sir: — You  are  hereby  requested  to  call  a  special  meeting  of  the  above  district  on 
the day  of ,  19 — ,  at — -  o'clock  in  the  noon,  for  the  pur- 
pose of  [here  state  the  business  to  be  transacted]. 

(Signed)  A B , 

C D , 

E F , 


G H , 

I J . 

Note. — The  above  notice  must  be  signed  by  at  least  five  legal  voters  and  no  matter 
if  40  things  are  to  be  voted  on  each  item  must  be  specified  in  the  request.  Better 
eight  or  ten  names  than  just  five. 


No.  16. 

Form  of  notice  for  special  district  meeting. 
Notice  is  hereby  given  to  the  qualified  electors  of  school  district  No. — .  in  the 

town  of ,  that  a  special  meeting  of  said  district  will  be  held  at .  on  the 

day  of ,  19 — ,  at o'clock  in  the noon,  for  the  following 

objects:      [Here  particularly  specify  each  item  of  business  to  be  acted  upon.] 

(Signed)  C D , 

District  Clerk. 

Note. — The  above  must  be  posted  as  for  an  annual  meeting,  and  in  case  it  is  in- 
tended to  raise  a  tax,  or  vote  a  loan,  three-fourths  of  the  legal  voters,  men  and  women, 
must  be  personally  notified  of  the  meeting,  or  a  copy  of  the  above  notice  must  be  left 
at  their  places  of  residence,  at  least  six  days  before  the  time  appointed  for  the  meet- 
ing. The  person  serving  the  notice  must  make  due  return  of  persons  served  and 
manner  of  service.      (See  form  4.) 

403 


Suggestive  Forms  for  Use  of  Town  and  School  Officers. 

No.  17. 

Form  of  notice  for  special  school  meeting  for  the  purpose  of  authorizing  the  district 
board  to  borrow  money  from  the  trust  funds  of  the  state,  and  to  vote  the  taxes 
required  by  law  to  be  voted,  in  order  to  obtain  such  loan. 

Notice  is  hereby  given  to  the  qualified  voters  of  school  district  No?  — , 

town  of ,  that  a  special  school  meeting  of  said  district  will  be  held  at , 

in  said  district  on  the day  of  • ■ — ,  19 — ,  at  — o'clock  P.  M.,  for  the 

purpose  of  voting  on  the  following  propositions,  viz.: 

1st.      To  authorize  the  school   board  to  make  application   for  a  loan  of  

dollars  from  the  state  trust  funds,  payable  in  years,  with  interest  at  the  rate 

of per  cent  per  annum  payable  annually  in  advance,  for  the  purpose  of  build- 
ing a  schoolhouse. 

2d.  To  raise  by  tax  a  sum  sufficient  to  pay  the  principal  and  interest  of  such  loan 
as  it  becomes  due. 

(Signed)  , 

Dated .  District  Clerk. 

Before  calling  this  meeting  three  or  four  of  the  persons  directly  interested  should 
meet,  read  what  is  said  under  the  head  of  "Borrowing  Money"  in  this  code  and  agree 
upon  the  amount  to  be  borrowed  and  other  business  to  be  transacted  and  see  that  the 
request  is  made  accordingly.  "Return"  of  service  of  notice  must  be  made.  (See 
form  4.) 


No.  18. 

Form  of  notice  to  be  given  by  the  clerk  of  a  school  district  meeting  to  the  officers 

elect  who  were  not  present  at  the  meeting. 

To : 

You  are  hereby  notified  that  at  a  meeting  of  school  district  No.  — ,  in  the  town 

of ,  held  on  the day  of ,  19 — ,  you  were  duly  elected of 

said  district. 

Dated  this day  of ,  19 — . 

(Signed)  C D , 

Clerk  of  said  meeting. 

Note. — This  notice  is  required  to  be  given  within  five  days  after  the  meeting,  and 
only  to  those  persons  elected  to  office  who  were  not  present  at  the  time. 


No.  19. 

Form  of  refusal  to  accept  district  office,  to  be  filed  with  the  clerk  of  the  district. 

To  the  clerk  of  school  district  No.  — •,  in  the  town  of : 

You  are  hereby  notified  of  my  refusal  to  accept  the  office  of  ,  to  which  I 

was  elected  at  the  meeting  of  said  district,  held  on  the  ■ — -  day  of  ,  19 — . 

(Signed)  G— ■  H . 

Note. — This  notice  of  refusal  must  be  filed  within  ten  days  after  the  election,  or 
the  person  will  be  deemed  to  have  accepted  the  office,  and  be  liable  for  nonperform- 
ance of  duty.  . 


No.  20. 

Form  of  an  appointment  to  fill  a  vacancy  in  the  district  board  when  ten  days  have  not 

elapsed. 
To  A.  B.: 

The  office  of   [clerk,  director,  or  treasurer]   of  school  district  No. — ,  of  the  town 

of ,  having  become  vacant,  you  are  hereby  appointed  to  fill  such  vacancy  until 

the  next  annual  meeting  in  said  district. 

Dated  this day  of ,  19 — . 

(Signed)  G H , 


E- 


Director. 

F , 

Treasurer. 
[Or  other  members  of  the  board  as  the  case  may  be.] 
Note.— It  requires  two  members  of  the  board  to  make  an  appointment.     If  they 
neglect  for  ten  days  to  fill  the  vacancy,  it*  must  be  done  by  the  town  clerk,  after  the 
following  form;  in  either  case  the  appointment  must  be  filed  with  the  district  clerk. 


No.  21. 

Form,  when  the  town  clerk  appoints. 

To  A.  B.: 

The  office  of  [clerk,  director  or  treasurer]  of  school  district  No.  — ,  of  the  town 

0f ,  having  become  vacant,  and  the  district  board  of  said  district  having  failed 

404  '       ■ 


Suggestive  Forms  for  Use  of  Town  and  School  Officers. 

to  fill  the  same  within  ten  days  you  are  hereby  appointed  to  fill  such  vacancy  until 
the  next  annual  meeting  of  said  district. 

(Signed)  C D , 

Town  Clerk. 
Note. — In  case  a  vacancy  in  a  joint  district  is  to  be  filled  by  the  town  clerk,  the 
appointment  is  to  be  made  by  the  clerk  of  the  town   (village  or  city)   containing  the 
schoolhouse.      (See  sec.  433.) 


No.  22. 

Form   of  refusal   to  accept   a   district   office   by   appointment. 
To  the  district  board  of  school  district  No.  —  [or  the  town  clerk  as  the  case  may  be], 

of  the  town  of : 

You  are  hereby  notified  of  my  refusal  to  accept  the  office  of  of  school 

district  No.  - — •,  of  said  town,  to  which  I  was  appointed  by  you  on  the  day  of 

,  19 — . 

Dated  this day  of  ,  19 — . 

(Signed)  G H . 


Note. — The  notice  of  refusal  must  be  filed  with  the  clerk  or  director  within  five 
days  after  the  appointment,  or  the  person  shall  be  deemed  to  have  accepted  the  office, 
and  be  liable  to  a  fine  for  nonperformance  of  duty. 


No.  23. 

Form  of  notice  that  may  be  sent  by  two  members  of  the  board  to  the  third  member 

calling  a  board  meeting. 

To  A.  B.  ,  of  district  No.  — ,  town  of : 

Dear  Sir: — You  are  hereby  notified  that  a  meeting  of  the  board  of  this  district 

will  be  held  at at o'clock  of  the noon  [day  of  the  week,  month, 

date]  19 — . 

Dated ,  19 — . 

(Signed)  C D , 

[office]. 

(Signed)  C D , 

[office]. 
Note. — This  notice  must  be  served  at  least  24  hours  before  the  hour  fixed  upon  for 
the  meeting.     It  will  be  a  good  plan  to  include  in  the  notice  one  or  two  of  the  principal 
items  of  business  to  be  transacted.      Any  business  that  may  come  up  can  however  be 
transacted,  specification  is  not  necessary. 


No.  24  (Deed). 
Form  of  deed  of  a  schoolhouse  site. 
Know  all  men  by  these  presents,  that  I,  A.  B.   [and  C.  B.,  his  wife,  if  married], 

of  the  town  of  ,  in  the  county  of  ,  in  state  of  Wisconsin,  party  of  the 

first  part,  for  and  in  consideration  of  the  sum  of dollars  to  them  in  hand  paid 

by  the  district  board  of  school   district  No.  - — ,   of  the  town   of  ,   county  of 

,  and  state  aforesaid,  the  receipt  whereof  is  hereby  acknowledged,  do  hereby 

grant,  bargain,  sell  and  convey  to  the  said  school  district,  party  of  the  second  part  and 
their  assigns,  the  following  described  piece  of  land,  namely:  [Here  insert  descrip- 
tion of  land],  together  with  all  the  privileges  and  appurtenances  thereunto  belong- 
ing: To  have  and  to  hold  the  same  to  the  party  of  the  second  part  and  their  assigns 
forever;  and  the  said  party  of  the  first  part  for  themselves,  their  heirs,  executors  and 
administrators,  covenant,  bargain,  and  agree,  to  and  with  the  said  party  of  the  second 
part  and  their  assigns,  that  at  the  time  of  the  sealing  and  delivery  of  these  presents, 
they  are  well  seized  of  th'e  premises  above  conveyed,  as  of  good,  sure,  perfect,  abso- 
lute, and  indefeasible  estate  of  an  inheritance  in  the  law  in  fee  simple  and  that  the 
said  lands  and  premises  are  free  from  all  incumbrances  whatsoever,  and  that  the 
above  bargained  premises  in  the  quiet  and  peaceable  possession  of  the  third  party  of 
the  second  part  and  their  assigns,  against  all  and  every  person  or  persons  lawfully 
claiming,  or  to  claim,  the  whole  or  any  part  thereof,  the  said  party  of  the  first  part 
will  forever  warrant  and  defend. 

In  witness  whereof,  the  said  A.  B.  and  C.  D.,  his  wife,  party  of  the  first  part,  have 

hereunto  set  their  hands  and  seals,  this  — dav  of ,  A.  D.  19 — . 

A ■  B ,    [Seal.] 

Signed,  sealed  and  delivered  C D ,    [Seal.] 

in  the  presence  of 

E F , 

G H . 


Note. — Such  deed  should  be  duly  acknowledged  before  a  notary  public,  justice 
of  the  peace,  or  other  officer  authorized  by  law  to  take  such  acknowledgment, 
and  recorded  in  the  office  of  the  register  of  deeds  for  the  county. 

405 


Suggestive  Forms  for  Use  of  Town  and  School  Officers. 

Form  of  lease. 

Know  all  men  by  these  presents,  that  A.  B.,  of  the  town  of ,  in  the  county  of 

in  the  state  of  Wisconsin,  of  the  first  part,  for  the  consideration  herein  men- 


tioned, does  hereby  lease  unto  "school  district  No.  — ,  of  the  town  of ,"  county 

of ,  in  the  state  aforesaid,  party  of  the  second  part,  and  their  assigns,  the  fol- 
lowing described  parcel  of  land:  LHere  insert  description  of  land'.]  Together  with  all 
the  privileges  and  appurtenances  thereunto  belonging:     To  have  and  to  hold  the  same 

for  and  during  the  term  of   years,    from   the  day   of   ,   A.    D. 

19 — ;  and  the  said  party  of  the  second  part  for  themselves  and  their  assigns,  do  cove- 
nant and  agree  to  pay  to  said  party  of  the  first  part,  for  said  premises,  the  annual  rent 

of dollars. 

In  testimony  whereof,   the  said   parties  hereunto  set   their  hands  and  seals,   this 

day  of ,  19 — . 

A B — ,  (Seal) 

Lessor. 
C D , 


E F 

G^ ■  H 

District  board  of  school  district  No. 
of  the  town  of  


No.  25. 

Form  of  contract  between  district  and  teacher. 

It  is  hereby  agreed  between  school  district  No.  — ,  of  the  town  of ,  and  L. 

M.,  a  qualified  teacher  of  the  county  of [or  superintendent  district  No.  — ,  of 

the  county  of ,  as  the  case  may  be]  that  the  said  L.  M.  is  to  teach  the  common 

school  of  said  district  for  the  term  of  [here  insert  the  time],  for  the  sum  of  

per  month,  commencing  on  the  day  of — ,  19 — ,  it  being  understood  and 

mutually  agreed  that  days  shall  constitute  a  month;   and  for  such  services 

properly  rendered,  the  said  district  is  to  pay  to  the  said  L.  M.,  in  monthly  (or  weekly) 
installments,  the  amount  that  may  be  due  according  to  this  contract,  on  or  before  the 

day  of ,  19 — . 

Dated  this day  of ,  19 — . 

A B — ■ — ■ — -,  Director, 

C D ,  Treasurer, 

E F ,  Clerk, 

L M ,  Teacher. 

If  the  teacher  holds  a  limited  certificate,  for  a  single  town  or  district,  the  contract 
may  read:  "a  qualified  teacher  of  said  town,"  or  "said  district." 

In  case  the  teacher  is  employed  in  a  graded  school,  the  particular  department  for 

which  he  is  engaged  may  be  specified,  and  the  contract  may  read:  " dollars  per 

week,"  if  hired  by  the  week. 

By  section  459  it  will  be  seen  that  20  days  constitute  a  teacher's  month,  unless 
otherwise  specified  in  the  contract.  When  the  teacher  is  hired  at  so  much  a  month  it 
is  best  always  to  specify  in  the  contract  how  many  days  of  teaching  shall  be  considered 
a  month. 

All  legal  holidays  occurring  while  school  is  in  session,  count  as  school  days  for  both 
teacher  and  district,  if  they  come  on  a  day  when  school  would  otherwise  be  taught,  but 
as  the  law  now  provides  Saturdays  are  not  to  be  counted.  If  a  legal  holiday  occurs 
on  Sunday,  the  succeeding  Monday  is  a  legal  holiday. 

If  the  teacher  is  expected  to  build  the  fire,  or  cleanse  or  otherwise  care  for  the 
schoolhouse,  it  should  be  so  stated  in  the  contract.  If  not  specially  provided  for,  the 
district  board  must  provide  for  janitor  service. 

If  the  teacher  expects  the  wages  to  be  paid  in  monthly  installments,  or  in  partial 
payments  of  any  kind,  that  should  be  clearly  stated  in  the  contract. 

The  contract  must  be  signed  by  at  least  two  members  of  the  board,  and  cannot 
lawfully  be  made,  until  a  meeting  of  the  board  has  been  held.  A  copy  of  the  certifi- 
cate held  by  the  teacher  should  be  attached  to  the  contract.      See  section  438. 


No.  20. 

Form  of  bond  of  district  treasurer  to  be  filed  with  the  district  clerk. 

Know  all  men  by  these  presents,  that  we,  E.  F.,  treasurer  of  school  district  No.  — , 

of  the  town  of  ,  and  L.  M.,  his  surety,  are  held  and  firmly  bound  unto  said 

school  district  in  the  sum  of  [here  insert  the  sum  of  double  the  amount  to  come*inco 
the  treasurer's  hands,  as  near  as  can  be  ascertained]  to  be  paid  to  the  said  school  dis- 
trict, for  the  payment  of  which,  well  and  truly  to  be  made,  we  bind  ourselves,  our 
heirs,  executors,  and  administrators,  jointly  and  severally,  firmly  by  these  presents. 
Sealed  with  our  hands  and  dated  this day  of ,  A.  D.  19 — . 

The  condition  of  the  above  obligation  is  such  that  if  the  said  E.  F.,  treasurer  as 
aforesaid,  shall  faithfully  discharge  the  duties  of  his  office  as  treasurer  of  said  school 

406 


Suggestive  Forms  for  Use  of  Town  and  School  Officers. 

district,  and  shall  well  and  truly  pay  over  to  the  person  or  persons  entitled  thereto, 
upon  the  proper  order  therefor,  all  sums  of  money  which  shall  come  into  his  hands  as 
treasurer  of  said  district,  and  shall,  at  the  expiration  of  his  term  of  office,  pay  over  to 
his  successor  in  office  all  moneys  remaining  in  his  hands  as  treasurer  aforesaid,  and 
shall  deliver  to  his  successor  all  books  and  papers  appertaining  to  his  said  office,  then 
this  obligation  shall  be  void,  otherwise  of  full  force  and  virtue. 

E- P ,    (Seal.) 

L M ,    (Seal.) 

Signed,  sealed  and  delivered  in 
presence  of 

R S , 

G H . 


Form  of  approval  to  be  endorsed  on  the  bond  of  treasurer. 

We  approve  of  the  within  bond  and  surety. 

(Signed)  G H ,   Director, 

C D ,   Clerk. 

If  a  treasurer  does  not  file  his  bond  in  due  time,  the  office  becomes  vacant.      (See 
section  962  printed  under  section  433.) 


No.  27. 

Form  of  notice  to  treasurer  to  furnish  additional  security. 

To  A.  B.,  treasurer  of  district  school  No.  — : 

Sir: — Deeming  the  security  upon  your  bond  insufficient    to    protect    the    district 

against  loss,  we  hereby  require  you  to  furnish  a  new  bond  in  the  sum  of  $ ,  with 

sureties  to  be  approved  by  us,  within  ten  days  of  the  date  hereof. 

(Signed)  C D ,   Director, 

E F ,   Clerk. 

Refusal  to  comply  with  this  notice  vacates  the  office.      (See  section"  962,  under  sec- 
tion 433.) 


No.  28. 

Form  of  order  on  treasurer  for  moneys  to  be  disbursed  by  school  district. 

To  A.  B..  treasurer  of  school  district  No.  - — ,  in  the  town  of : 

Please  pay  to the  sum  of  — dollars  for  [here  specify  the  object 

for  which  the  money  is  to  be  paid],  out  of  any  money  in  your  hands,  not  appropriated, 
belonging  to  the  [here  name  the  fund  on  which  the  order  was  drawn],  of  said  district. 

Dated  this day  of ■ ,  19 — . 

(Signed)  C D ,   District  Clerk, 

G H ,   Director. 


No.  29. 

Form  of  notice  to  town  treasurer  of  apportionment  of  school  moneys  by  the  town  clerk. 

Treasurer  of  the  town  of : 

You  are  hereby  notified  that  I  have  apportioned  the  school  moneys  now  in  your 
hands,  to  the  different  districts  of  the  town,  as  follows: 

To  district  No.  1    $ To  district  No.  6 $ 

do 2 do 7 

do 4 do 2 

do 5 do .  .  . 

Dated  this  day  of  ,  19 — . 


q 


(Signed) 


Town  Clerk. 

Note. — Immediately  upon  the  receipt  of  the  certificate  of  the  town  treasurer,  of  the 
amount  in  his  hands  (See  form  No.  3  0,  the  clerk  shall  proceed  to  apportion  it  among 
the  several  districts  of  the  town  from  which  reports  have  been  received  according  to 
law,  and  thereupon  he  must  notify  the  treasurer  as  above,  that  he  may  pay  the  moneys 
to  the  treasurers  of  the  districts  entitled  thereto.  Care  must  be  taken  that  no  appor- 
tionment is  made  to  a  delinquent  district. 


No.  30. 

Form  of  certificate  of  town  treasurer  of  moneys  in  his  hands  subject  to  apportionment. 

To  the  town  clerk  of  the  town  of 


I  hereby  certify  that  there  is  now  in  my  hands  the  sum  of  $ ,  school  moneys, 

subject  to  apportionment  to  the  school  districts  entitled  thereto. 

Dated  this day  of ,  19 — . 

(Signed)  A — 


Town  Treasurer. 


407 


Suggestive  Forms  fob  Use  of  Town  and  School  Officers. 

No.  81. 

Form  of  determination  of  relative  proportion  of  taxes  to  be  assessed  upon  the  different 
parts  of  a  joint  district,  situated  in  two  or  more  towns. 

Upon    the   application   of    A B ,    C D ,    and    E ■ 

F ,  taxpayers  in  joint  school  district  No.  — ,  in  the  towns  of and  , 

we  have  made  the  necessary  inquiry  and  examination,  and  do  hereby  determine  that 
for  every  dollar  of  district  tax  to  be  hereafter  levied  upon  that  portion  of  the  district, 

the  sum  of cents  shall  be  assessed  upon  that  portion  of  the  district  lying  in  the 

town  of ,  and cents  upon  that  part  lying  in  the  town  of . 

Dated  this day  of ,  19- — . 

(Signed)  G H , 

J K , 

L —  M , 


Assessors  of 

N pr—     O 

P R 

S T 


Assessors  of 


No.  32. 


Form  of  statement  of  the  amount  of  taxes  voted  to  be  raised  in  a  school  district,  to  be 
delivered  by  the  district  clerk  to  the  town  clerk. 

To  R S ,  Town  Clerk  of  the  town  of . 

The  amount  of  taxes  voted  to  be  raised  in  school  district  No.  — ,  of  the  town  of 
at  the  last  annual  meeting  of  said  district,  held  on  the  — day  of  July, 


19 — ,  is  [write  the  amount  in  words]   dollars;   which  amount  you  are  requested  to 
assess  upon  the  taxable  property  therein. 

Dated  this day  of ,  19 — . 

(Signed)  C D , 

Clerk  of  School  District  No.  —  of  the  town  of . 

State  of  Wisconsin,  County  of ,  ss. 

C D ,  being  duly  sworn,  on  oath  says  that  he  is  clerk  of  school  dis- 
trict No.  — ■,  of  the  town  of  •,  and  the  above  statement  by  him   made  of  the 

amount  of  taxes  voted  to  be  raised  by  said  school  district  therein  is  true. 

(Signed)  C D . 

Subscribed  and  sworn  to  before  me 

this day  of ,  19 — . 

(Signed)  J P , 

Justice  of  the  Peace  (or  any  officer  qualified  to  administer  an  oath). 

Note. — If  a  district  has  been  lately  organized  and  a  tax  was  voted  at  the  first  meet- 
ing, as  well  as  at  the  annual  meeting,  that  should  be  stated;  also  any  tax  voted  at  a 
special  meeting,  held  between  the  time  of  the  annual  meeting  and  the  thii'd  Monday 
of  November  following. 


No.  33. 


Form  of  statement  of  the  amount  of  taxes  voted  to  be  raised  in  a  joint  district,  to  be 
delivered  to  the  clerk  of  each  town  in  which  any  part  of  the  district  is  situated. 

To  R S ,  town  clerk  of  the  town  of : 

The  amount  of  taxes  voted  to  be  raised  in  joint  school  district  No.  — ,  of  the  towns 

of  and ,  at  the  last  annual  meeting  of  said  district,   held  on  the 

day  of  July,  19 — ,  is  [write  the  amount  in  words]  dollars;  and  the  proportion 

of  that  amount  to  be  raised  in  that   part  of  said  district  which  lies  in  the  town  of 

,  is   [write  the  amount  in  words]   dollars,  which  you  are  requested  to  assess 

upon  the  taxable  property  therein. 

(Signed)  C D , 

Clerk  of  Joint  School  District  No.  — 
Of  the- towns  of and  . 


Note. — Attach  affidavit  of  the  district  clerk  similar  to  the  one  given  in  form  No.  32. 


No.  34. 

Form  of  application  to  board  of  supervisors  to  establish  a  schoolhouse  site. 
To  the  board  of  supervisors  of  the  town  of 


At  a  regular  meeting  of  school  district  No.  — ,  it  was  decided  by  a  vote  of  a  ma- 
jority of  the  electors  present,  to  apply  to  your  honorable  board  to  establish  a  school- 
house  site  for  said  district.  The  district  has  selected  [here  describe  the  location  and 
area  of  the  site  selected],  but  is  unable  *"  obtain  the  same,  for  the  reason  that  the 

408 


Suggestive  Forms  for  Use  of  Town  and  School  Officers. 

owner  of  the  land  selected  will  neither  lease  nor  sell  the  same  to  the  said  district  [or 
that  the  owner  is  a  nonresident]. 

(Signed)  A B , 


District  Clerk. 


No.  35. 

Form  of  certificate  of  district  clerk  that  the  notice  for  the  meeting  of  the  supervisors 

to  establish  a  schoolhouse  site  has  been  given. 

To  the  board  of  supervisors  of  the  town  of : 

I  hereby  certify  that  on  the day  of  ,  I  served  the  following  notice 

upon  the  owner  and  occupant  of  the  land  therein  described:      [Here  insert  the  notice 
in  form  36.] 

Dated  this day  of ,  19 — . 

(Signed)  A B , 

District  Clerk. 
Note. — In  case  there  is  no  account  of  the  land  selected  for  a  site,  and  the  owner 
is  unknown  or  resides  out  of  the  state,  the  notice  must  be  published  in  the  nearest 
newspaper,  for  six  weeks  previous  to  the  meeting  of  the  board  of  supervisors,  and  the 
above  certificate  must  state  the  facts  of  such  publication,  instead  of  personal  service. 


No.  36. 

Form  of  notice  for  meeting  of  supervisors  to  decide  upon  an  application  to  locate  and 

establish  a  schoolhouse  site. 

The  undersigned  will  be  present  at  ,  on  the  days  of  ,  at 

o'clock  in  the noon,  to  decide  upon  the  application  of  school  district  No. 

— ,  for  the  location  and  establishment  of  a  schoolhouse  site  for  said  district  upon- 
[here  describe  the  lands  and  area  upon  which  it  is  proposed  to  establish  a  site]. 

Given  under  our  hands,  this  ■ ■  day  of ,  19 — . 

A- B , 

C D , 

E— F , 


Supervisors  of  the  town  of . 

Note. — In  case  the  application  is  made  by  a  joint  district,  the  supervisors  of  all  the 
towns  in  which  any  part  of  the  district  is  situated  must  sign  the  above  notice  and  be 
present  at  the  meeting  to  establish  the  site. 


No.  37. 

Form  of  certificate  of  action  of  town  board  of  supervisors  in  locating  and  establishing 

schoolhouse  site. 

We  hereby  certify  that  on  the day  of ,  A.  D.  19 — ,  we  located  and 

established  a  schoolhouse  site  for  school  district  No  — ,  comprising  the  following  de- 
scribed territory  [here  describe  the  lands  taken  for  a  site  according  to  the  survey  of 

the  same],  and  award  the  sum  of dollars  in  full  as  compensation  to  the  owner 

[if  there  are  two  or  more  owners  of  the  lands  taken,  specify  the  amount  awarded  to 
each],  of  the  lands  thus  taken  for  said  schoolhouse  site. 

Dated  this day  of ,  19 — . 

(Signed)  A B , 

C D . 

E F- . 


Supervisors  of  the  town  of 


Note. — The  certificate  of  the  action  of  town  boards  of  supervisors  in  locating  and 
establishing  an  addition  to  a  schoolhouse  site  will  be  the  same  as  above,  except  that  in 
the  second  line,  after  the  word  "established,"  the  word  "a"  will  be  omitted,  and  the 
words  "an  addition  to  the"  will  be  inserted;  and  the  last  two  lines  will  be  made  to  read 
"taken  for  said  addition  to  said  schoolhouse  site." 

Duplicates  of  the  above  certificates  must  be  made  out,  and  one  of  them  must  be 
delivered  to  the  owner  or  occupant  of  the  land  taken,  and  the  other  to  the  district  clerk 
of  the  district,  who  must  have  the  same  recorded  in  the  office  of  the  register  of  deeds 
of  the  county  in  which  the  site  is  situated. 


No.  38. 

Form  of  certificate  of  the  sheriff  of  a  vacancy  in  the  office  of  county  superintendent 

of  schools. 

To ,  State  Superintendent: 

Sir: — I  hereby  certify  that  a  vacancy  in  the   office  of  county  superintendent  of 

schools  for  county,  Wisconsin,  occurred  on  the  day  of .  19 — , 

by  [here  state  the  cause  of  the  vacancy,  whether  by  death,  resignation,  removal  from 
the  county,  or  the  removal  from  office  of  the  incumbent]. 

Given  under  my  hand  and  seal  of  office,  this day  of ,  19 — . 

(Signed)  A B -, 

Sheriff  of County,  Wisconsin. 

409 


Suggestive  Forms  fob  Use  of  Town  and  School  Officers. 

No.  39. 

Form  of  statement  of  number  of  children  of  school  age  in  a  county,  made  by  county 
superintendent  for  county  treasurer,  and  county  clerk. 


To  A- 


B- 


,  treasurer  [or  clerk]  of  the  county  of : 

Sir: — The  following  is  the  number  of  children  over  the  age  of  four  and  under  the 
age  of  twenty  years,  in  those  districts  of  the  several  towns  in  this  county  [or  super- 
intendent district  as  the  case  may  be]  which  have  maintained  school  for  eight  or  more 
months  the  past  school  year,  as  returned  to  me  by  the  town  clerks: 


Town. 

Number  of  Children. 

Town. 

Number  of  Children. 

A    .             

D    

B       

E    

C    

F    

Dated  this 


(Signed) 


day  of 


-,  19- 


G- 


H- 


County  Superintendent  of  Schools  for 


County. 


Note. — The  above  statement  must  be  filed  with  the  county  treasurer  and  county 
clerk  on  or  before  the  fifteenth  day  of  August  in  each  year. 


To  A- 


No.  40. 

Form  of  annulment  of  teacher's  certificate  and  notice  to  town  clerk. 
B : 


Sir: — The  certificate  of  qualification  held  by  you  as  a  common  school-teacher  in 

the  county  [or  superintendent  district  or  town]   of ,  issued  on  or  about  the 

day  of ,  19 — ,  is  hereby  annulled. 

Dated  this day  of ,  19 — . 

(Signed)  C ■  D , 


County  Superintendent  of  Schools  for 


County. 


Note. — The  above  annulment  will  not  take  effect  until  the  following  notice  has 
been  filed  with  the  town  clerk  of  the  town  in  which  the  teacher  whose  certificate  is  an- 
nulled is  engaged  in  teaching. 


To  the  town  clerk  of  the  town  of : 

Sir: — You  are  hereby  notified  that  on  the  day  of 

annulled  the  certificate  of  qualification  held  by  A —         -  B— 


A.  D.  19- 


B- 


a  teacher  of  your 
-  does  not  possess 


town,  for  the  reason  that  in  my  opinion,  the  said  A 

the  requisite  qualifications  as  a  teacher  in  respect  to   [moral  character,  learning  or 
ability  to  teach,  as  the  case  may  be]. 

Dated  this day  of ,  19 — . 

(Signed)  C D , 

County  Superintendent  of  Schools  for  the  County  of . 


FREE  HIGH  SCHOOLS. 


No.  41. 

Form  of  resolution  proposing  establishment  of  a  town  free  high  school. 

In  order  that  the  question  of  establishing  and  maintaining  a  high  school  in  the 
town  of may  be  submitted  to  the  electors  thereof  for  determination,  the  fol- 
lowing resolution  is  hereby  proposed  for  adoption: 

Resolved,  by  the  town  board  of  the  town  of  

lished  and  maintained  in  said  town.      The  town  clerk  is  directed  to  give  notice  that 
said  resolution  will  be  submitted  to  a  vote  at  the  annual  meeting  (or  general  election) 

to  be  held  in  said  town  on  the  day  of  ,  19 — ,   (or  at  a  special  meeting 

or  election  to  be  held  on  the  '-  day  of ,  19 — ,  which  the  town  clerk  is 

hereby  required  to  call  upon  due  notice). 

Dated  this day  of  — ,  19 — . 


That  a  high  school  be  estab- 


( Signatures  of  Board.) 


410 


Suggestive  Forms  for  Use  of  Town  and  School  Officers. 

No.  42. 

Form  of  notice  that  foregoing  resolution  will  be  submitted  to  vote. 

Notice  is  hereby  given   to  the  electors  of  the  town  of  ,  in  the  county  of 

that  at  a  special  election  which  is  hereby  called  (or  at  the  annual  meeting  or 


general  election)  to  be  held  in  said  town  on  the day  of .  19 — ,  the  fol- 
lowing resolution  will  be  submitted  to  the  vote  of  said  electors: 

Resolved,  etc.  [as  in  the  foregoing];  and  that  at  said  election  members  of  the  high 
school  board  will  be  chosen,  to  take  their  offices  if  said  resolution  be  adopted,  the 
clerk  for  one  year,  the  treasurer  for  two  years,  and  the  director  for  three  years;  their 
respective  terms  of  office  beginning  with  the  annual  town  meeting. 

Dated  this day  of  — — — ,  19 — . 

(Signed)  ,  Town  Clerk. 

Note. — The  above  forms  may  be  used  with  the  proper  changes,  in  the  case  of  incor- 
porated villages,  or  graded  school  districts,  the  call  and  notice  to  be  signed  by  the 
village  or  district  clerk. 

In  case  the  call  is  for  special  school  district  meeting,  it  must  be  signed  by  at  least 
five  legal  voters  of  the  district,  and  the  notice  given  at  least  six  days  before  the  time 
appointed. 


No.  43. 


Form  of  certificate  to  be  forwarded  to  the  state  superintendent  to  secure  participation 

in  apportionment  to  free  high  schools. 

This  certifies  that  on  the day  of ,  19 — ,  the  legal  voters  of  the  town 

of [or  towns  of  ,  where  two  or  more  towns  unite,  or  of  school  district 

No.  — ,  town  of ,  where  vote  is  by  a.  school  district,  or  city,  or  village]  adopted 

a  resolution  to  establish  and  maintain  a  free  high  school  in  said  town  [or  towns,  or 
school  district],  and  the  persons  whose  names  are  hereto  appended  have  been  duly 
elected  to  the  office  appended  to  their  names,  respectively.     We  further  certify  that 

no  [or  one  or  more]  graded  school  exists  in  said  of  .     The  course  of 

study  adopted  by  said  high  school  board  for  said  high  school  is  herewith  submitted  for 
the  approval  of  the  state  superintendent,  and  the  names  and  examination  papers  of 

,  pupils  prepared  to  enter  said  high  school,  who  are  residents  of  said  town  [or 

towns,  or  school  district]  of ,  are  herewith  forwarded  for  inspection.  The  ex- 
amination of  these  pupils  was  held  on  the  day  of  ,  19 — ,  and  was  con- 
ducted by . 

Dated  at ,  this day  of ,  19 — . 

,  Director. 

,  Clerk, 

. — ,  Treasurer. 

Note. — Persons  holding  teachers'  certificates,  or  common  school  diplomas,  or  who 
have  completed  eighth  grade  work  in  a  graded  school,  or  who  have  successfully  done 
high  school  work  for  one  semester  may  be  counted  without  examination  if  under  20 
years  of  age. 


No.  44. 


Notice  to  parent  or  guardian  to  send  child  to  school  under  the  provisions  of  the  com- 
pulsory attendance  law. 

State  of  Wisconsin,  County  of ,  ss. 

The  State  of  Wisconsin  to 

You  are  hereby  and  herewith  commanded  to  cause  to  be  sent  and  to  send  regularly 
to  some  public,  parochial  or  private  school 


(Names  of  children) 
of  whom  you  have  the  legal  control  within  five  days  from  the  day  of  personal  service 
of  this  notice,  or  if  this  notice  is  sent  or  served  by  registered  mail,  within  five  days 
from  the  day  that  it  was  deposited  in  the  post  office  addressed  to  you,  the  child  [or 
children]  named  above  being  between  the  ages  of  seven  and  fourteen  years  [or  be- 
tween the  ages  of  fourteen  and  sixteen  years  and  not  regularly  or  lawfully  employed 
as  provided  in  chapter  523,  laws  of  1907].  And  upon  your  failure  to  comply  with 
this  notice,  you  will  be  dealt  with  according  to  law. 

Given  under  my  hand  at this day  of ,  19 — . 

Sheriff,  Deputy  Sheriff,  or  Truant  Officer  of County,  Wisconsin. 

411 


GENERAL   INDEX. 


[References  are  to  Sections.] 


Academies — 

cadets  of,   inspection,    411a,   411c. 
report  of  finances,    etc.,   to   superintendent  of 
public  instruction,  411. 

Alteration  of  school  district  boundaries  and 
creation  of  school  districts.  (See  Sections 
412  to  424.) 

See  also  ''Comments"  on   these  sections. 


Appeal! 

From     decision     of     committee     on     common 

schools,   704  sub.   9-10. 
From    county    superintendent    for    annulment 

of  teacher's   certificate,    453. 
From  action  of  supervisors  in  district  boun- 
dary  questions,   704   sub.    9-10. 
To    state    superintendent    for    annulment    of 

state  certificate,   458c. 
To    state    superintendent    from    decision    of 

committee    on    common    schools,    704    sub. 

9-10. 

See  also  rules  and  regulations  as  given  in 
comments  for  section  497. 

Apportionment  of  school  funds — 

how  made,  1072b,  554  to  559. 

Apportionment  of  taxes — 

additional  amount  to  cover  appropriations, 
1071,    1072. 

cities,   common   council,   duty,    925 — 142a. 

consolidated  rural  schools,   496 — 11. 

county  school  board,  two  or  more  counties, 
553f. 

free  high  school  districts,   492. 

joint  county  training  schools,  cost  of  equip- 
ment and  maintenance,   411 — 8. 

joint  school  districts,   471. 

method  of,  1070. 

school  districts  with  transportation  of  pu- 
pils,   496t. 

state  and  county,  apportioned  in  cities, 
925—143. 

Board  of  Education — 

apportionment  of  school  fund  income,  loss, 
554a. 

authority,   925 — 116. 

books  and  equipment  for  educational  lec- 
tures,  purchase,    515b,   515d. 

census,  duty  in  relation  to,   439cb. 

city  maintaining  graded  school  of  twelve 
grades,  tuition  charged  by,  496 j — 1. 

4 


Board  of  Education   (continued)  — 

city    superintendent    of    schools    ineligible    to 
membership,   926 — 117. 

constitution,  925 — 113. 

contract  for  building,  duty  as  to,   925 — 118a. 

contract    for    instruction     and    tuition    fees, 
nonresident  pupils,    435o. 

evening   and    vacation    schools,    gymnasiums, 
may  create,   43 5e. 

federal  flag,  purchase  and  display,   436a. 

free    high    school    boards    to     supervise    de- 
partments of  industrial  education,  496b. 

free     high     school    district,     special     meeting 
called  by,   493c. 

free  high  school,  powers  and  duties,   492a. 

high    school    buildings    and    sites,    cities    un- 
der  special   charter,    926 — 104m. 

high      schools,      regulation      of      commercial 
course,  496c — 3. 

insurance  of  school  property,   441a. 

joint    high    school,     submission    to    vote    by, 
491c. 

lectures,     educational,     appropriation,     515b, 
515d. 

lectures,  educational,  authority,  515a. 

lectures,    educational,    free    admission,     515c. 

library  may  be  established  by,   931. 

meetings,  monthly  and  special,  925 — 117. 

meetings,  proceedings  of,   cities  and  villages, 
publication,    925 — 46m. 

number,   925 — 113 n. 

offices   for,    duty    of    board    of   public    works, 
925—118. 

physical   education  provided  for,   cities,    553a. 

powers  in  cities,  school  government,   515. 

president     and     vice     president,     duties     of, 
925—114. 

report  of  moneys   retained  for  teachers'   re- 
tirement fund,   460 — 9. 

school    buildings    unsanitary,    complaint    by, 
517. 

school    districts,    seven    members,    when    per- 
mitted, powers  and  duties,  493a. 

school  for  the  deaf  and  dumb,  report,   578. 

school  money,   deposit   and   investment,    553b. 

secretary     not     member,     cities,     first     class, 
925—115. 

state    loans    by,    provisions     governing,      258 
to  258h. 

teacher,   attendance   at,   wages  not  deducted, 
459. 

teachers'    salary,    payment    to    teachers    with 
special  licenses,    458 j. 

teachers'   salary,   portion  retained  for  teach- 
ers' retirement  fund,   460 — 8.* 

term,    925—113,   925— 113n,   926— 117p. 


General  Index. 


[References  are  to  Sections.] 


Board   of   Education    (continued)  — 

textbooks    chosen    by,    period,    nonsectarian, 

440a,   440b. 
truant  officers,   appointment  by,   439b. 
truant  officers,  salaries  fixed  by,   439cd. 
vacancy,   925 — 113n,   926 — 117p. 
women  may   be  members,   requirements,    513. 


to     indus- 


by, 
by, 


City    superintendent    of    .schools — 

annual  report,    465. 

attendance    and    truancy     report 

trial  commission,  439ce. 
board  of  education,  authority  as  to,  925 — 116. 
compensation,   926 — 115. 
convention  expenses  paid,   926 — 117m. 
duties,  926 — 115. 
election,  925 — 115,  926 — 115. 
examination     of,     when     elected     from     high 

school  principals,  454. 
free  sample  books,  duty,   486m. 
manual  training,  duty  as  to,  496c. 
member,  library  board,   932. 
member,     local    board     of     industrial    educa- 
tion,   553p — 3. 
removal  of,  926 — 11 C. 

reports   of  blind   and   deaf  children,    461g. 
school    board,     ineligibility     to     membership, 

926—117. 
school    buildings    unsanitary,     complaint    by, 

517. 
school   libraries,   duties   relative  to,   486a. 
special      teachers'      certificates      issued 

450—4,    458p. 
teachers'      examination      and      licensing 

duties,   458o. 
textbooks  not  to  be  sold  by,  501. 
truancy,     ascertainment     of,     reports,     439cc, 

439ce. 
truancy,    neglect,    penalty,    439cf. 

Civic  centers — 

books  and  equipment  for  educational  lec- 
tures, purchase,   515b. 

common  schools,  may  be  used  as,  43 5e. 

educational   lectures,    515a,    515c,    515d. 

entertainments,  use  of  schools  for,  435. 

school  buildings  and  other  property  used  for, 
435d. 

Claims   against   school   districts — 

consolidated   rural  schools,   496 — 3. 

judgments   against  district,    collection,    488. 

judgments  against  district,  effect  of  ap- 
peal,   489. 

judgments  against  disti-ict,  issue  of  execu- 
tion,   487. 

order  of  board  for  money  borrowed,    474a. 

reissue   of  indebtedness,    referendum,    476a. 
m    schoolhouse,  indebtedness  for,   476a. 

state  loans  to  school  districts,  provisions 
governing,   261,  262,  263,  264. 

union  free  high  school,  special  board  meet- 
ings, restrictions  and  powers,    495 — 12. 

uses  of  money  borrowed,  revocation  of  au- 
thority.  476. 


Committee  on  common   schools — 

elected   by   county   board  of  supervisors,    704 

subdiv.  2. 
expenses,    how    paid,    704,    subdiv.    8. 

413 


Committee  on  common  schools   (continued)  — 
term   three  years,   70  4,   subdiv.    2. 
to   appoint  supervising  teachers,   698,   subdiv. 

10. 
to  hear  appeals,   704,  subdiv.   9. 
to  keep  records,   704,  subdiv.   7. 
to  make  district  map,  704,  subdiv.   12. 
to  make  reports  to  county  board,  70  4,  subdiv. 

13. 
vacancies   how  filled,    704,   subdiv.   3. 
salaries  of  members,   704  subdiv.   8. 

Common    schools,    taxation    for — 

amount   of   taxes   determined,    107  4. 
apportionment      of      tax      to      municipalities, 

1076.    , 
cities,     outside     territory     attached,     taxable, 

925— 119m.     - 
city    school    tax    fixed    by    common    council, 

925—119. 
district    schools,    provision    for   water-closets, 

435a. 
loan,    interest    on    and    principal,    school    dis- 
trict,  476a. 
omitted   property,   taxation,    1075. 
payment    for    value    of    school    property    of 

subdivided   school   district,    421. 
school    districts    may    vote,    tax    for    schools, 

430. 
schoolhouse,    indebtedness   for,    476a. 
special    assessment,    cities,    third    and    fourth 

class,    926 — 145. 
valuation  and  assessment  of  taxes,  470. 

Consolidation  of  school  districts — 

aid  for  transportation,    496e   subdiv.    7. 

appeal  may  be  taken  if  supervisors  refuse  to 
act  419d. 

first  meeting  consolidated  district,  how  no- 
ticed,  413. 

parents  may  transport  if  agreement  is 
made,    419f. 

petition  for  consolidation  and  meetings  of 
supervisors,   419b. 

report  to  be  made  to  secure  aid  for  transpor- 
tation,   419g. 

rural  schools  consolidation  of,  496 — 1  to 
496—12. 

state  aid  for  erection  of  buildings,  496 — 6 
subdiv.   1—5. 

supervisors  to  consolidate  districts,   419c. 

what  state  aid  may  be  secured,   419e. 

Continuation   schools — 

see  also   the  folloiving   titles: 
Industrial    education. 
Trade  schools. 

books  and  equipment  for  educational  lec- 
tures,   purchase,    515b. 

educational    lectures,    appropriation,    515d. 

educational    lectures,    free   admission,    515c. 

lectures  in  schools,  educational  subjects, 
515a  to  515d. 

County  board  of  education — 

contracts,    signature   of,    minutes,    553m — 9. 
expenses,   553m — 25. 


jurisdiction,    construction,    553m — 24. 
meetings,    553m — 7,    553m — 10. 
oaths  of  members,   553m — 6. 


General  Index. 


[References  are 
'County  board  of  education  (.continued)  — 
officers,    quorum,   meetings,    553m — 7. 
rules,    553m — 8. 
term  of  office,   553m — 3. 
textbooks,      additional      and      supplementary,  ', 

553m— 17. 
three  members,  when  permitted,   553m — 2. 
uniform       textbooks,       adoption,       553m— 11, 

553m— 19. 
uniform    textbooks,    bids,    samples,    553m — 20. 
uniform      textbooks,      bond      of      contractor,  I 

553m— 21. 
uniform  textbooks,   change,   553m — 13. 
uniform        textbooks,        depositories,        bond, 

553m— 22. 
uniform    textbooks,    in    joint    school    districts, 

jurisdiction,    553m — 23. 
uniform      textbooks,      regulations      553m — -11 

to  553m — 24. 
uniform   textbooks,    selection,    553m — 16. 
uniform    textbooks,    where    used,     553m — 12, 

553m— 15. 
vacancy,    filling,    553m — 4. 


'County    superintendent   of   schools — 

account  of  teachers'  county  institute,  ap- 
propriation,   461q. 

annual  convention  of,   166. 

annual    report    to    county    clerk,    461e. 

application  for  special  aid,  rural  schools, 
560j,   560k. 

appointment,   entry  on  duties,    699. 

attendance  and  truancy  report  to  indus- 
trial  commission,    439ce. 

attendance  at  convention  of  county  superin- 
tendents, expenses,  461a. 

charges  against  teacher,  hearing,  procedure, 
453. 

diploma  of  common   schools,    496L. 

diploma  of  free  high  school  countersigned  to 
be  teacher's  certificate,   452a. 

districts,   703. 

duties,    461.  , 

duties  relative  to  school  libraries,   486a. 

-election,  term,  salary,  etc.,  698. 

eligibility,   461cc,   702a. 

■examination   of,    for   certificate,    461L. 

examination  papers  for  teachers'  certifi- 
cates,   preservation,    450b. 

free  sample  books,  duty,   486m. 

library  books,  exchanges  and  loans  ar- 
ranged by,   486 — 1. 

member  of  county  school  board,   553d. 

member  of  county  training  school  board, 
411—2. 

member  of  joint  county  training  school 
board,    411 — 7. 

minutes  of  county  board  of  education, 
553m — 9. 

office,  461c. 

payment  for  service  in  teachers'  institutes, 
461n. 

removal  by  judge  of  circuit  court,  proceed- 
ings,  975. 

report    of   blind    and    deaf    childi'en,    461g. 

report   of   number   of    teachers,    461p. 

report,  penalty  for  neglect,   499. 

report  relative  to  transportation  of  pupils, 
496q. 


to  Sections.] 

County  superintendent  of  schools  (continued) 
sale   of   schoolbooks,    supplies   and   equipment 

prohibited,   penalty,   501. 
school    buildings    unsanitary,     complaint    by, 

517. 
school   report   to     state    superintendent,    etc., 

464. 
special    third    grade    certificate,    when    issued 

by,   450—4. 
standards    of    attainment    for    teachers'    cer- 
tificates,   fixed   by,    451. 
standings   obtained   in   state    normal   schools 

may    be    accepted    for    teachers'    certificate, 

452b. 
state  printing,  undistributed,  inventory,  20.87. 
teachers'  examinations  furnished  by,   to  state 

superintendent,   452. 
town   clerks'   school  reports   to,    463. 
truancy,    ascertainment    of,    reports,     439cc. 
truancy,   neglect,   penalty,    439cf. 
uniform  textbooks,  lists,  samples,   553m — 20. 
vacancy,    699,    967. 
women    may   be,    requirements,    513. 

County   training;    schools — 

accredited  list,  how  made  up,  state  aid,  re- 
ports by,   411 — 5. 

admission  of  nonresidents  of  county,  411 — 
10. 

appropriation,  172 — 59. 

appropriations,  regulations  concerning, 

411—9. 

board   for,    powers   and   organization,    411 — 2. 

certificates  granted  on  completion  of  course, 
limitations,  examinations,  standings  in 
lieu  of,   411 — 6. 

duties  of  state  superintendent  of  public  in- 
struction,   relative    to,    411 — 4. 

establishment,    411 — 1. 

expenditures  of  money,  regulations,  411 — 3, 
411—9. 

joint  county  training  school  board,  constitu- 
tion,  411 — 7. 

joint  schools,  apportionment  of  cost  of 
equipment,    maintenance,    etc.,    411—8. 

joint  schools,  buildings,  loans  and  tax  for, 
411 — 7. 

physical  education  provided  for,   553a. 

principal  and  teachers,  qualifications,  411 — 
6a. 

treasurer  of  board,   bond,    duty,    411 — 9. 

tuition     fees,     amount     of     for     nonresidents, 
.  taxation  for,   411 — 11. 

District    free   high    schools — 

board    of,    composition,    duties,    report,    492a, 

493. 
establishment  of  joint  district,    491. 
establishment,    requirements,    490. 
nonresidents,    admission,    tuition,     185o,    496j, 

496k. 
state  aid,   requirements,   limit  of,    496. 
taxation,    exempt    if    partly    in    town    district 

free  high  school,  when,  490g. 
validation  of  establishment,    490t. 

District  schools — 

additional   room,   additional   teacher,    430f. 
county   superintendent's   duty   to  visit,    461. 
free    textbooks,    vote,    430b. 


414 


General  Index. 


District  schools    (continued) — ■ 
library   books,    rebinding,    486k. 
nonresident  attendance,  tuition  fees,   43  5o. 
powers  of  school  district  meeting  and  board 

regarding,    430. 
sites  and   buildings,   tax  for,    430. 
studies  taught  in,    447. 
suspension    of,    power    of    electors     to     vote, 

430—1. 


District    superintendent   of   schools — 

account  of  teachers'  county  institute  appro- 
priation,  461q. 

application  for  special  aid,  rural  schools, 
560j. 

appointment,   entry  on  duties,    699. 

diploma  of  common  schools,   496L. 

duties  relative  to  school  libraries,   486a. 

free  sample  books,  duty,  486m. 

library  books,  exchanges  and  loans  arranged 
by,    486—1. 

payment  for  service  in  teachers'  institutes, 
461n. 

report  of  number  of  teachers,   461p. 

school  buildings  unsanitary,  complaint  by, 
517. 

truancy,    ascertainment    of,    reports,    4S9cc. 

vacancy  in  office,  699. 

Disturhaiiee    of    meetings — 

penalty,    4597. 

Free  high  schools — 

annual    district    meeting,    493c. 

appropriation  for  teachers'  training  course, 
172 — 108,   sub.    2, 

boards  of  district,  powers  and  duties,   492a. 

curriculum  for,  examination  of  teachers, 
regulation    of,    496a. 

diploma  filed   for  admission   to,   496L. 

districts,   officers  of,    492. 

industrial  education  in,   496b. 

maintenance,   taxation  for,   495. 

manual  training,  domestic  science,  agricul- 
ture for,   496c. 

manual  training,  etc.,  state  aid  for,  496c. 

manual  training,  joint  maintenance  of. 
496c— 1. 

nonresidents,    admission,    tuition.    496j,    496k. 

schoolhouse,   purchase,   493c. 

special   district   meeting,    493c. 

state  aid,  requirements  for,  limit  of,  496. 

teachers,   examination  of,   496a. 

teachers'   training  course  in,  496b,   496c. 

Health  in   schools — 

county   industrial   school,    inspection,    697 — 22. 

spitting  prohibited,    1418m. 

water-closets   shall   be  provided   for,    435a. 

High  schools — 

see  also  Free  high  schools. 
appropriation,    maintaining    short    course    In 

agriculture  or  domestic  science,    496c — 4. 
board  of,   constitution,   duties,   report,   493. 
board    of    education,    authority    to    establish, 

925—116. 
commercial    courses,    state    aid    for,    496c — 3. 


[References  are  to  Sections.] 

High  schools  (continued)  — 

discontinuance  of  one  of  two  schools  in  dis- 
trict, referendum,   490b. 

dissolution  of  district,   490a. 

establishment  by  villages,  towns,  cities, 
districts,    490. 

inspection  of  buildings,  repair,  condemnation, 
517. 

joint  districts  may  establish,  referendum, 
491. 

principal,    contract   for   employment  of   515m. 

school  districts,  free  to  residents,  qualifica- 
tions of  teachers  in,   494. 

short  course  in  agriculture  or  domestic  sci- 
ence, state  aid  for,   49  6c — 4. 

teachers'  training  courses,  appropriation, 
172— 10  S,    sub.    2. 

validation   of  establishment,   490t. 

winter  term   in,    49  4a. 


Holidays — 

arbor  and  bird  day,  governor  may  set  apart 
day   as,    137b. 

arbor  and  bird  day,  literature  for,  in  maga- 
zine form,   20.27. 

arbor  and  bird  day,  state  superintendent  of 
public  instruction  to  prepare  and  distrib- 
ute material  for,   166. 

labor  day,  governor  may  set  apart  day  as, 
137b. 

memorial  day,  literature  for,  magazine 
form,   20.27 

school  month  includes,  holidays  permitted, 
459. 

vacations  of  employes,  time  of,  169c. 

Home  economies — 

see  the  following  titles: 
County   schools   of   agriculture   and   domes- 
tic science. 
Curriculum  for  schools. 

Industrial   education — 

see  also   the  following  titles: 
Continuation   schools. 
Trade  schools. 

appropriation   to   state   board,    172 — 49. 

assistants  to  state  superintendent,   553p — 2. 

city,  town,  village  taxation  for,   553p — 4. 

cooperation  between  Stout  institute  and 
other  institutions,   553p — 13. 

courses   of  study,   approval,    553p — 5. 

free  high  schools  to  maintain  departments 
for,  496b. 

local  boards  of,  establishment,  powers,  du- 
ties.  553p — 3. 

schools,    admission   requirements,    553p — 7. 

state  aid,   procedure  to  obtain,   553p — 6. 

state  board  are  trustees  of  Stout  institute, 
powers,    553p — 10. 

state   board   of,    appointment,    etc.    553p — 1. 

Stout   institute,   purposes,    553p — 12. 

tuition  fees  for  nonresidents,  553p — 8. 

Judgments    against   school    districts — 

appeal,    effect,    489. 

collection,    488. 

issue   of   execution,    487. 


415 


General  Index. 


[References  are  to  Sections.] 


Kindergartens — 

cities,  third  and  fourth  classes,  establish- 
ment,  430d. 

graduates  of  kindergarten  training  schools 
receive  state  certificates,   458q. 

provisions    for,    district   schools,    447. 

qualificati6ns    of    teacher,    45 8 1. 

school  districts,   submission   to  vote,    430c. 

teachers'  unlimited  state  certificates,  ex- 
amination for,    458r. 

Pupils — 

exposed  to  communicable  diseases,  kept  from 

school,  1408b. 

expulsion,   school  districts,    439. 

industrial  schools,  requirements  for  admis- 
sion,   553p — 7. 

report  of  number  by  school  district  clerk,  462. 

school  census  officers  to  ascertain  number  of 
children  of  school  age,   439e. 

Pupils,  nonresident — 

admission    to    county    training   schools,    411 — 

10. 

attendance  in  schools  and  tuition  fees,    435o. 

graded  schools,  attendance  at,  tuition, 
496j— 1. 

schools  for  the  deaf  and  dumb,  transporta- 
tion of,   578, 

tuition  for,  school  district  taxes,    430 — 3. 

Pupils,    transportation    of — 

apportionment  of  taxes,  districts  having, 
496t. 

appropriation,   496s. 

arrangements  for  transportation  with  par- 
ents and  guardians,   requirements,    419f. 

consideration  at  school  meetings,  notice,  496r. 

consolidated  rural  schools,  496 — 9,  496 — 10, 
496—12. 

consolidated   school  districts,   state   aid,    419e. 

electors  may  authorize  arrangements  for, 
taxation   for,   state   aid   for,    430 — 4. 

school  buildings  unsanitary,  transportation 
to   other  school,    517. 

school  district  electors  may  order,   430 — 2. 

school   district   taxes   for,    430 — 3. 

schools  for  the  deaf  and  dumb,  appropria- 
tion, 578. 

state  aid   for,    requirements,    amount,    496q. 

state   appropriation,    419h. 

state  graded  school,   aid  for,   496e. 

state  school  for  the  deaf,   575. 

time   limit   of   contract,    430 — 7. 


Itural    schools — 

apportionment    of    special    state    aid,    560L. 
consolidation,    496 — 1   to    4^96 — 12. 
consolidation,    appropriation,    172 — 112. 
first  class,   defined,    560g. 
inspection  of  buildings,  repair,   condemnation, 

517. 
nonresident    pupils,     attendance    and    tuition 

fees,  43 5o. 
second  class,   defined,    560f. 
special  state  and  county  aid  to,   560h. 
state   superintendent  fixes   standard,    560i. 
state   superintendent   of   public   instruction   to 

inspect,   167a. 

410 


School    attendance 

compulsory,  children  14  to  16,  439a — 1. 
compulsory  on  reservations  when  free  schools 

maintained,    439f   to    439i. 
compulsory,   provisions'  regarding,    439a. 
free  high  schools,  requirements  for  state  aid, 

496. 
nonresidents  of  school  districts,    43 5o. 
record  to  be  kept  by  teachers,  truant  officers 

may  inspect,   439cb. 
truant  officers,   powers,   439ca. 

School   boards — 

see   the   following    titles: 
Board   of   education. 
County   board   of   education. 

School   bonds — 

consolidated   rural  schools,    496 — 4. 

S  ch  ool  book  s— 

see  School   textbooks,    440,    440a,    553m — 1, 
553m— 101. 

School  building's — 

see  Schoolhouses. 

School   contracts — 

bond  of   contractor  for  uniform   county   text- 
books,   553m — 21. 

School    discipline — 

school   district   board    may   expel   pupils,    439. 

School    district   board — 

advice  of  county  superintendent  to,    461. 

authorization  to  erect  town  free  high  school, 
496p — 1. 

bonded     indebtedness     statement     made     by, 
1017. 

books    and    equipment    for    educational    lec- 
tures,  purchase,    515b. 

borrowing   of  money  by,    other  powers   voted 
at  school  district  meeting,    430. 

clerk,    duties,    446. 

clerk,    suspension    of    school,    etc.,    notice    of 
consideration,    430 — 6. 

composition   of,   meetings,    432. 

consolidation      of      districts,      notification      of 
meeting,    419c. 

contract  for  instruction  and  tuition  fees,  non- 
resident pupils,    43  5o. 

convention  of  boards  of  county,   553m — 1. 

county  conventions   of,    expenses,    461. 

director,  duties,   442. 

duties,  purchase  of  site  and  schoolhouse,  etc., 
434. 

establishment    of    joint    district    high    school, 
referendum  mandatory,   491c. 

evening    and    vacation    schools,    gymnasiums, 
may  create,    435e. 

federal  flag,   purchase  and  display,    436a. 

free   high    school,    manual   training,    domestic 
science,    agriculture   in,    496c. 

high    school    principal,    contract    for    employ- 
ment of,   515m. 

high  school  principal,  power  to  employ  when, 
515m. 

increase  to  seven  members,   notice  of,   493b. 


General  Index. 


[References  are  to  Sections.] 


School   district   board    (continued)  — 

insurance    of    school    property    by,    note    for 

premium,    441a. 
laws    governing'  apply    to    city    and    village 

boards   and  schools,    515. 
lectures,  educational  subject,  authority,   515a. 
library  books,  rebinding,   486k. 
money  borrowed  in   advance  of  taxes,    47  4. 
new  record  of  district  boundaries,  procedure, 

417a. 
nonresident  pupils,  charge  for  attending  ninth 

and  tenth  grades,    496h — 1. 
notice   of    consideration    of    transportation    of 

pupil's,   meetings,    496r. 
numbering  of  school  districts,  change  prohib- 
ited,   412a. 
orders    for    payment    of    teachers,    when    not 

drawn,   446a. 
orders  of,  for  money  borrowed,   474a. 
physical  education  provided  for,  553a. 
power  of  electors   of  district  to  vote  suspen- 
sion    of     schools,      tuition,      pupils     trans- 
ferred,   430—1. 
reduction   of  membership   to   three,    430n. 
report   of   moneys    retained   for   teachers'    re- 
tirement  fund,    460 — 9. 
report   to    district    meeting,    425. 
salary   payment   to    teachers    with   special   li- 
censes,  458j. 
school    buildings    and    other    property    grant- 
ing  use   for   civic,    social   and   recreational 
purposes,   43 5d. 
school   buildings    and   property   in    charge   of, 

435. 
school  equipment  and  supplies,  purchase,  436. 
school  management  controlled  by,    439. 
school   sites,    obtaining   of,    477. 
seven  members,   increase  to,   when  permitted, 

493a. 
studies  of  schools  determined  by,  447. 
teachers  employed  by,  contract,  qualifications, 

438. 
teachers'     salary,     retention     of     portion     for 

teachers'    retirement   fund,    460 — 8. 
teachers  visited  and  advised  by,  441. 
textbooks    changed    within    three    years,    pen- 
alty,   440b. 
textbooks   chosen  by,  period,    440. 
treasurer,  bond  of,  who  may  not  be,  443. 
treasurer,    duties,    444. 
treasurer    to    sue    town    treasurer,    failure    to 

pay  moneys  .of  district,   445. 
union    free    high    school,     notice     of     annual 

meeting,   495 — 11. 
union    free   high    school    report,    audit,    495 — 

10. 
union     free    high     school,     special     meetings, 

powers    and    restrictions,    49  5 — 12. 
union     free    high     school,     taxation     for    ex- 
penses,   495 — 16. 
union   free    high    school,    voting    at   meetings, 

495—13. 
vacancies    in,    495 — 15. 
vacancies  in  office,  filling,  433. 
vacancy   owing   to   absence  of  member,    433a. 
water-closets  shall  be  provided,    435a. 
women  may   be  members,    requirements,    513. 

417 


School   district    bonds — 

erection   of   schoolhouses,   validity   and   force, 

475. 
free  high  school  district  meeting  for,    493c. 
uses  of  money  raised  by,  revocation,  476. 


School    district    libraries — 

agricultural   institute   bulletins   sent   to,    486c. 
joint  districts,   moneys  for,  etc.,   486a. 
joint   libraries,    powers,    486. 
librarian,   clerk   of  district  to   be,    485. 
librarian,   records,    486b. 

moneys   for,   purchase   and   delivery   of   books 
to,    reports,    exemption,    486a. 


supplementary      textbooks, 


by 


%of 


School   districts — 

additional      and 

553m— 17. 
additional   and   supplementary    textbooks,    re- 
strictions, 553m — 18. 
alteration  and  formation  of  new  districts,  re- 
strictions,   412. 
alteration,  formation  of  new,  method  of,   413. 
alteration  of  boundaries,  notice  of,  time  when 

made,    419. 
alteration    of   joint    districts,    petition   for 

town  board,   419b    (1903  c.   218,   s.   2). 
alteration    of,     town    board    gives    notice 

hearing,    regulations    governing,    418. 
annual    meetings,    powers'    430. 
annual  meetings,  time  of,   report  to,    425. 
appeal   from   decision   of   board,    497. 
appeal  from  judgment  against  district,  effect, 

489. 
apportionment  of  property,  formation  of  new 

districts,    420. 
apportionment    of    school    fund    income,    loss, 

554a. 
apportionment    of    school    fund    income,     re- 
quirements  to  receive,    558. 
apportionment    of     taxes,     transportation     of 

pupils,   496t. 
auditing      committee,      appointment,      duties, 

430e. 
board    increased    to    seven    members,    notice, 

493b. 
board  of  education,  authority  as  to,  025 — 116. 
board    of    seven    members,    when    permitted, 

493a. 
census   officers    to    ascertain   number   of   chil- 
dren of  school  age,   439e. 
change  from  district  system,  election  for,  925 

—113. 
change   to   uniform   textbooks,    when   inopera- 
tive,  553m — 14. 
cities   with   outside   territory    attached,    92o — 

119m. 
clerk's  neglect  to  report,  forfeit,  498. 
clerk's   statement   of   taxes,    472. 
clerk  to  be  librarian,    485. 

clerk  to' make  reports,  contents,  fees  for,   462. 
clerk    to    prepare    annual    report    and    assist 

town  clerk,    462a. 
consolidated,     report    of     transportation    and 

tuition   of  pupils,    warrant  for,    419g\ 
consolidation,    denial    of    petition,    appeal    to 
state   superintendent    of   public    instruction, 
419d. 
consolidation  of,  notice  of  meeting,  order  of 
consolidation,    419c. 


General  Index. 


[References  are  to  Sections.] 


School  districts    (continued)  — 

consolidation,  petition  for,  419b   (1911  c.  649). 
consolidation,    ti-ansportation   of   pupils,    state 

aid,  419e. 
construction,  special  state  aid,   560n. 
description    of,    map    of    town,    kept   by    town 

clerk,  467. 
dissolution,    distribution   of   property,    424. 
dissolution,   union  free  high  schools,    495— r20. 
electors    authorize   board   to    erect   town    free 

high  school  building  ,496p — 1. 
electors  in,  who  are,  428. 
electors   may   order   transportation   of   pupils, 

430—2. 
electors   of,    powers,    495 — 14. 
electors  of  union  free  high  schools  authorize 

board   to  erect  building,    496p — 2. 
failure  to  draw  money  of  school  fund  income 

apportionment,    559. 
forfeiture    of   apportionment,    failure    to    pro- 
vide additional  facilities,   430f. 
formation  on   abolishing  of  township  system, 

516. 
free  high  school  districts,  meetings,  493c. 
high  school  district,   dissolution,   490a. 
indigent  school  children  tuition,  payment,  512. 
Jnjury  to  property,    4492. 
issue    of   execution,    judgment    against    school 

districts,   487. 
joint  districts,    alteration   of  boundaries,   pro- 
ceedings  to,    419a. 
joint     districts,      condemnation      proceedings, 

school  sites,   483. 
joint  districts   of  town  and  villages  or  cities, 

dissolution    and    formation,    422. 
joint  districts,   procedure  of  formation,  when 

a  district  becomes  a  joint  one,  415. 
joint  high   school  districts,   establishment,  re- 
quirements,   referendum,    491. 
joint  libraries,   establishment  of,  powers,   486. 
joint      maintenance       of      manual      training, 

496c— 1. 
joint,  under  county  board  of  education,  juris- 
diction,  553m — 23. 
-  judgments  against,  collection  of,  488. 
jurisdiction    of    county    board    of    education, 

553m — 24. 
lease   of  land   for  school   site,    infant   owner, 

484. 
librarian,   appointment,    clerk   as,    486b. 
libraries   for,   state  superintendent  to  publish 

rules  and  information  regarding,   166. 
libraries  of,  state  superintendent  to  advise  in 

selection    of  books   for,    166. 
library    books,    interchange,    486 — 1. 
library   books,    rebinding,    486k. 
location    and    establishment    of    school    sites, 

procedure,  compensation,  479. 
meeting,    notice    of,    426. 
membership  of  board,   reduction,    430n. 
money  borrowed  for  schoolhouse,   475. 
name  and  powers,  is  a  body  corporate,  417. 
neglect   to   keep    school,    attachment    to   other 

districts,  423. 
new  districts,  first  meeting,   413. 
new   districts,    first   meeting,    notice    given   by 

town  board,  414. 
new   districts,    receive  proportionate   share   of 

value  of  school  property,   421. 
nonresident  attendance  and  tuition  fees,  435o. 

418 


.School  districts    I  continued)  — 

nonresident  pupils,  chaj-ge  for  attending,  ninth 
and  tenth  grades,    496h — 1. 

numbering,    change   prohibited,    412a. 

officers   may  be  women,  •  requirements,    513. 

officers,   neglect  of  duty,   penalties,    500. 

officers  of,  compose  school  board,  meetings, 
432. 

officers,  qualifications,  term,  other  provisions, 
431. 

officers,   removal  and  suspension,    507. 

officers,  unauthorized  orders  on  treasurer, 
penalty,    502. 

organization,   416. 

payment  of  expenses  of  board  at  conventions 
in  county,    461. 

personal  property,  location  for  assessment, 
1040. 

power  of  electors  to  vote  suspension  of  dis- 
trict schools,   tuition,    430 — 1. 

property    taxable,     925 — 119m. 

receipt  of  apportionment  of  school  fund  in- 
come apportionment,  557. 

receipt  of  corrected  apportionment,  school 
fund  income,   556. 

return  to  school  district  system,  cities,  fourth 
class,   925 — 113a. 

schoolhouses  and  other  public  property,  use 
of  for  civic,  social  and  recreational  pur- 
poses, conditions,  435d. 

special  aid  to  rural  schools,  application,.  560j. 

special  assessment  for,  cities  third  and  fourth 
class,   926 — 145. 

special    meetings,    provisions    governing,    427. 

state  loans  to,  provisions  governing,  258a  to 
258h,  261  to  264. 

suspension  of  schools,  notice  of  considera- 
tion,   430 — 6. 

taxation  in  joint  districts,    471. 

time  limit  of  contracts,  transportation  of  pu- 
pils,  etc.,    430 — 7. 

township  system,  authority  to  issue  bonds,. 
553—2. 

township  system,  validity  of  bonds,   553 — 1. 

transportation  of  pupils,   state  aid,   419h. 

treasurer,  deposit  of  money  with,  for  pay- 
ment  for  school  sites,    480. 

uniform  textbooks  in  county,  553m — 12. 
union  free  high  school,  annual  meeting,  elec- 
tion of  officers,   495 — 9. 
union  free  high  school,    officers,    495 — 8. 
village  or  city  of  fourth  class  in  district,  elec- 
tion of  officers,   431a. 
vote  to  borrow  money,  purposes,   474a. 
voting  at  meeting,   challenges,   oath,   429. 
women    may    vote    on    school    matter,    ballot 
boxes,   428a. 

School   district  taxes — 

assessment  of,  by  town  clerk,   473. 
assessment   of  judgment   and  interest,    489. 
assessment  of  taxes,  joint  districts,  471. 
clerk's  statement  of  taxes,  472. 
free  high  school  districts,   492,    493c. 
free  high  school  maintenance,   495. 
insufficient    amount,    additional    levy,    437. 
limitation   of   amount,    430a. 
meetings   for  vote  of  tax,   provisions   govern- 
ing,  427. 


General  Index. 


[References  are  to  Sections.] 


School  district  taxes    (continued). 

payment  of  judgments,    488. 

property  assessable  for,  469. 

repayment  of  state   loans,    258d,    258e,    263. 

tuition   and   transportation   of   pupils,    430 — 3. 

union  free  high  school,  deficiency  in  taxes 
raised,   495 — 16. 

union  free  high  schools,  special  board  meet- 
ings,   restrictions,    495 — 12. 

valuation  and  assessment  of  property,   470. 


School   election 

ballots,  separate,  if  charter  so  provides,  10.41. 
board  of  education,   926— 117o,   926— 117p. 
establishment  of  trade  schools,   in  cities,  pe- 
tition for,   926 — 30. 
free  high  school  district  officers,  etc.,   492. 
referendum,    new    free    high    school    building, 

496p. 
referendum,   union  free  high  schools,   495 — 2, 

495—5. 
referendum,   union  free  high   schools,   two   or 

more  towns,   495 — 3. 
referendum,   union  free   high  schools,   village 

in  district,   495 — 4. 
rural   schools,    consolidation,    496 — 1. 
school    district    containing   village   or    city   of 

fourth  class,   officers,   431a. 
school  district,  voting  and  challenges,  429. 
union    free   high    school   officers,    495 — 9. 
union   free  high  school,   referendum,   returns, 

495—6. 

School   funds — 

see  also  Apportionment  of  school  funds. 

apportionment  to  consolidated  rural  schools, 
496—11. 

cities  under  special  charter,  use  of,  for  trade 
schools,  926 — 29. 

city  treasurer  to  keep  separate,  925 — 119. 

consolidated   rural   schools,   share   of,    496 — 5. 

high  schools,  state  aid  for  maintaining  com- 
mercial course,  496c — 3. 

income  of,  to  be  apportioned  by  state  super- 
intendent, 166. 

investment  of,   list  of  securities  for,    258. 

School  fund  Income — 

apportionment,   554. 

apportionment,  certificate  and  notice,  state  su- 
perintendent,  555. 

apportionment,  disposition  of  money  not  paid 
to  school  districts,    559. 

apportionment,  loss  of  right  to,   554a. 

apportionment  to   school   districts,    558. 

appropriation  to,  mill  tax,  sources  of,   1072a. 

correction  of  apportionment,    556. 

receipts  from  used  by  school  districts  exclu- 
sively for  salary  of  teachers,   437. 

revenues   constituting,    246. 

teachers'  salaries  only  to  be  paid  from,  446a. 

Schoolhouses — 

cities,  first  class,  use  of  for  public  meetings, 
power  of  council-as  to,   925 — 52. 

city  bonds  for,   926 — 11. 

cleaning,    disinfecting,    1408c. 

consolidated  rural  school,  496 — 3,  496 — 6, 
496—7. 


Schoolhouses   (continued) 

county  superintendent's  duty  to  examine  and 
condemn,  461. 

disturbance  of,  penalty,  4572. 

electors  may  authorize  borrowing  money  for, 
474b. 

free  high  school  district  meeting  may  pro- 
vide for  purchase  and  maintenance,  493c. 

health  lectures  and  exercises   in,   435d. 

high  school  buildings  and  sites,  cities  under 
special   charter,    926 — 104m. 

indebtedness  for,  school  district,   476a. 

new  building,  free  high  school  districts,  ref- 
erendum, petition,   496p. 

purchase  and  lease  by  school  district  board, 
434. 

school  district  board  has  charge  of,  435. 

school  district  property,  use  for  civic,  social 
and    recreational    purposes,    43 5d. 

school  districts  may  borrow  money  to  erect, 
475. 

school  districts  may  vote  tax  for,   430. 

state  graded  schools,  special  state  aid  re- 
ceived,   496d. 

town  free  high  schools,  authorization  to  erect 
building,  496p — 1. 

union  free  high  schools,  electors  authorize 
board  to  erect,  496p — 2. 

use  of,   for   entertainments,    435. 

water-closets  shall  be  provided  for,   435a. 

School   inspection — 

appointments   for,    165a. 

health  officers,   duty,    1418b. 

industrial  and  commercial  education,  to 
arouse   interest  in,    166. 

inspector  of  schools,  inspection  of  buildings 
by,  517. 

schoolhouses,  inspection,  repair,  condemna- 
tion, 517. 

schools  for  the  blind,   579o. 

state  superintendent  to  appoint  inspectors, 
duties,  salary,   49 6f. 

School   libraries — 

bids  to  supply  books  to,  486f. 

bulletins  of  agricultural  institutes  sent  to, 
486c. 

duty  of  state  superintendent,    165b. 

firm  to  supply  books,  committee  to  select, 
486e. 

firm  to  supply  books  to,  deposit  with  bids, 
486g. 

librarian,    records,   486b. 

superintendent  of  public  instruction,  to  pro- 
mote, 165b. 

lists  of  books  for,  payment  for  books,  dis- 
tribution of  books  for,  exchanges,   486a. 

loans  by  school   districts,    486 — 1. 

moneys  for,  purchase  and  delivery  of  books 
to,    reports,    exemption,    486a. 

purchase  of  books  from  unauthorized  firms, 
penalty,   486j. 

purchase  of  books  only  from  firm  selected, 
486i. 

rebinding  books,   486k. 

school  district  board   to  purchase.    436. 

state  committee  on  the  rebinding  of  school 
library   books,    486k. 


419 


General  Index. 


[References  are  to  Sections.] 


School  libraries   (continued)  — 

state    superintendent's   duties   with   reference 

to,   166. 
town    clerk's    duties,    township    system,    who 

performs,   48 6d. 

School    management — 

convention  of  county  superintendents  for, 
461a. 

-county  schools  of  agriculture  and  special  sub- 
jects, state  superintendent  to  exercise  su- 
pervision over,   166. 

school   district   board   controls,    439. 

trade  schools,  authority  in  regard  to,  cities 
under  special  charter,   926 — 25. 

School  month — 
what  is,  459. 

School  records — 

county  board  of  education,  553m— -9. 
register  kept  by  teacher,   reports,   460. 
school  attendance,  school  census,  truancy  offi- 
cers may  inspect,   439cb. 
school  libraries,  486b. 
schools  for  the  deaf,  pupils,  579. 
teachers'  certificates,    456. 


School  reports — 

abstract  of,  to  be  included  in  report  of  state 

superintendent,  166. 
cities,    703. 

consolidated   rural  schools,   496 — 8. 
consolidated   rural   schools,   transportation   of 

pupils,    496—9,    496 — 10,    496—12. 
county  superintendents  of  schools,   461e. 
county     superintendent's      reports,     contents, 

464. 
county   superintendent,    transportation   of  pu- 
pils,   49  6q. 
district  clerk  to  make,  contents,  fees  for,  462. 
district    clerk    to    prepare    and    assist    town 

clerk,   462a. 
failure     to     make,     loss     of     apportionment, 

school  fund  income,   554a. 
free   high  schools,    how   made,    493. 
free  high  schools,  manual  training,  etc.,   496c. 
free   high    schools,    teachers'    training   course, 

496c. 
industrial    school     attendance,      tuition,    etc., 

553p— 8. 
industrial  schools,   553p — 6. 

school  district  clerk,    forfeit   for  neglect,    498. 
schools  for  the  deaf  and  dumb,  578,  579. 
state   graded   schools,    curriculum,    etc.,    49 6g. 
state  public  school,    573i. 
teachers  to  make,  contents,   460. 
teachers   to   make,    contents    of,    penalty,    tru- 
ancy officers  may  inspect,   439cb. 
town  clerk,  county  superintendent,  neglect  to 

make,   forfeit,    499. 
town  clerk  to  county  superintendent,  463. 
town    high    schools,    publication    of    financial 

report  and  recommendations,   496c — 2. 
union  free  high  school,  board  report,  495 — 10. 
union  free  high   school,   publication  of  finan- 
cial report  and   recommendations,    496c — 2. 
winter  term  in  high   schools,   report  concern- 
ing, 494a. 

420 


Schools  for  the  blind — 

provisions  for,   579©. 

Schools   for   the   deaf   and   dumb — 

compulsory  attendance,    579m. 
establishment,    report,    578. 
expenses  audited,    579. 

normal   training   department   for    oral    teach- 
ers of  the  deaf;  establishment,    579p. 
state  aid,   578. 

School  sites — 

appeal  from  award  for  site,  481. 
designation  of,  by  school  district  vote,  430. 
land  owned  by  infants,  leasing,  484. 
location    and    establishment   by    town    board, 

compensation,    479. 
notice  of  town  board  to  landowner  for,  478. 
payment  of  money  awarded,   480. 
purchase  or  lease  by  school  district,  434. 
quantity    of    land    permitted    for,    use    of    for 

roads,  482. 
requirements  concerning,  obtaining  of,   477. 

School  superintendents — 

see  the  folloiving  titles: 
City  superintendent  of  schools. 
County  superintendent  of  schools. 
District  superintendent  of  schools. 
State  superintendent   of  public  instruction. 


School   supplies — 

blanks  for  reports,   466'. 

free  sample  books,  duty  of  superintendents, 
486m. 

school  district  board  has  charge  of,   435. 

school  district  board  to  purchase,   436. 

school  district  may  vote  tax  for,  430. 

school  officers  may  not  sell,  penalty,   501. 

state  graded  schools,  special  state  aid  re- 
ceived,  49  6d. 

state  superintendent  to  collect  in  his  office, 
166. 

teachers  furnished  with  record  blanks,  439cb. 

School   textbooks — 

additional   and   supplementary,    55.3m — 17. 

adoption  of  uniform  books,  change 'of,  553m — 
13. 

adoption  of  uniform  books,  notice,  553m — 19. 

board  of  education,  authority  as  to,  925 — 116. 

board  of  education  determines,  period,  non- 
sectarian,    440a. 

change  to   uniform,    inoperative,    553m — 14. 

change  within  three  years,  penalty,  440b. 

county  board  of  education,  adoption  of  uni- 
form texts,    553m — 11. 

county  superintendent's  duty  to  examine,  461. 

depositories  of  county  uniform  texts,  bonds, 
553m — 22. 

determination  of,  by  school  board,   440. 

free  books  for  district  schools,  vote,  taxation 
for  cost  of  books,  430b. 

sale  of,  provisions  regulating,  553m — 101  to 
553m — 108. 

school  district  board  authorized  to  purchase, 
430. 

school  district  board  has  charge  of,  435. 

school  district  board  may  purchase,   436. 

school  district  vote  on  change,   427. 


General  Index'. 


[References  are  to  Sections.] 


School    textbooks    (continued) — 

school  officers  may  not  sell,  penalty,   501. 
sectarian,    use   of,    to   be   prohibited   by   state 

superintendent  of  public  instruction,  166. 
selection  by  county  board  of  education,  553m 

—16. 
state  superintendent  and  board  of  health  to 

approve  books   on  physiology  and  hygiene, 

447a. 
uniform  books,  which  schools  to  use,  nonsec- 

tarian,   553m — 12. 
uniform     county    books     not     used     in     state 

graded  schools,  553m — 15. 
uniform  in  counties,   553m — 1. 
uniform   in   county,   bids,   samples,    553m — 20. 

*>tatc  aid  to  free   high   schools — 

joint      maintenance      of      manual      training, 

496c — 1. 
limit  of,  172 — 57. 

manual  training,  etc.,  maintained,   496c. 
requirements   for,    496. 

State   aid   to   schools — 

apportionment  of  school  fund  income,  554. 

certificate  and  notice  of  state  superintendent, 
555. 

consolidated  rural  schools,  496 — 6,  496 — 9, 
496—10. 

free  high  school  maintaining  teachers'  train- 
ing course,  49 6e. 

high  schools,  commercial  course,   496c — 3. 

industrial    education,    local,    553p — 3. 

industrial  education,  requirements,  amount, 
553p — 6. 

loss  of  apportionment  of  school  fund  income, 
554a. 

mining  trade  school,  392y. 

physiology  and  hygiene  taught  in  schools  re- 
ceiving,  447a. 

school  buildings  unsanitary,  forfeit  of,   517. 

schools  for  the  blind,   579o. 

schools  for  the  deaf  and  dumb,  nonresident 
pupils,    578. 

short  course  in  agriculture  or  domestic  sci- 
ence,   high   schools,    496c — 4. 

special   aid,   amount,    requirements,    496e. 

special  aid  refused,  curriculum,  reports,  496g. 

special  aid,    restrictions.    496h. 

special  aid  to  graded  schools,   496d. 

special  aid  to  rural  schools,  560h,  560j,  560L. 

transportation    of   pupils,    430 — 4. 

transportation  of  pupils,  reimbursement, 
419h. 

transportation  of  pupils,  requirements, 
amount,   496q. 

winter  term  in  high  schools,  494a. 


State  graded  schools — 

curriculum  for,  reports,   49 6g. 

inspection,   496f. 

inspection  of  buildings,  repair,  condemnation, 

517. 
nonresident  attendance  and  tuition  fees,  43 5o. 
nonresident  pupils,  charge  for  attending  ninth 

and  tenth  grades,   496h — 1. 
special  aid   for,    496d — 496h. 
special    aid    for    maintaining    instruction    in 

agriculture  and  industrial  subjects,   496e. 
transportation,  aid  for,    496e. 

421 


state   traded  schools    (continued)  — 
tuition  fees,   496j — 1. 

uniform    textbooks    of    county    not    used    by, 
553m — 15. 

State   superintendent   of    public    instruction — 

accidents,     publication    of    book    instructing, 

447g. 
appeals  to,  in  school  matters,  166. 
appeals    to,    procedure,    497. 
appointment     of     assistants     and     emploves, 

170m. 

apportionment  of  school  fund  income,   554. 

apportionment   of  special   state  aid   to    rural 
schools,   560L. 

apportionment    of    teachers'    county    institute 
fund,   461p. 

approval    of  -county    schools    of    agriculture, 
etc.,  553L. 

approval  of  curriculum,   industrial  education, 
553p — 5. 

approval    of   joint     maintenance     of     manual 
training   in  free   high   schools,    496c — 1. 

assistant,  oath  of  office,  duties  of,  165. 

assistants    for   industrial   education,    553p — 2. 

assistants,  to  revise  course  of  study,  conduct 
conventions,    investigations,    165c. 

attendance  at  educational  meetings,   166. 

blanks  for  school  reports  furnished  by,   466. 

board  of  examiners  of  teachers  appointed  by, 
state  certificates,   issued  by,   454. 

certificate     and     notice,      apportionment     of 
school   fund    income,    555. 

certification   of  salaries   and   expenses,   secre- 
tary of  state,   165c. 

certificate    of    teachers'     institute    conductor 
signed  by,  4  6 In. 

certificate    of    tuition    and    transportation    of 
pupils,    consolidated    school    districts,    419g. 

certification   of   amounts   due   for   transporta- 
tion of  pupils,   430 — 5. 

clerks  and  statisticians,  165c. 

colleges,    academies    and     seminaries     report 
finances,  etc.,   to,   411. 

consolidated     rural     schoolhouses,     plans    ap- 
proved by,   496 — 7. 

consolidation    of    school    districts,    appeal    to, 
419d. 

correction    of    apportionment    of    school    fund 
income,   556. 

county    schools    of   agriculture,    etc.,    supervi- 
sion,  inspection,    report,    553k. 

county     superintendent,      vacancy     in     office 
filled  by,   967. 

county   training   schools,    certificate   of    satis- 
factory maintenance,    411 — 5. 

curriculum    for    commercial   schools    and   col- 
leges to  be  fixed  by,  167b. 

curriculum   for   free    high   schools,    496a. 

curriculum  for  graded  schools,   496g'. 

duties    of-,     general     supervision     of    common 
schools^  of  the  state,  etc.,   166. 

duties    relative    to     county     training    schools, 
411—4. 

duties    relative    to    free   high    schools    having 
manual  training,   etc.,    496c. 

duties   relative   to   school  libraries.    486a. 

duties,    special    aid    to    graded    schools,    496e. 

duties,   transportation  of  pupils,   496q. 


General  Index. 


State    superintendent     of 

(continued) — ■ 
employes,   appointment  and  duties,   165a. 
foreign  state   certificates,    force,    458a. 
geological  and  natural  history  survey,  mem- 
ber of  commissioners  of,   39 2j — 3. 
high    school    short    course    in    agriculture    or 

domestic    science    supervised    by,    496c — 4. 
industrial  education  in  free  high  schools   su- 
pervised by,  496b. 
inspection    of    school    buildings    under    direc- 
tion   of,    517. 
joint  county  training  schools,  loan  from  state 

approved   by,    411 — 7. 
license     to     teach     to     university     graduates, 

458b— 2. 
location    of    county    schools    of    agriculture, 

etc.,   553c. 
manual  training  and  domestic  science  teach- 
ers'    licenses     and     certificates     to     normal 
graduates,    458b — 1. 
member,      board      of      industrial      education, 

553p — 1. 
member    of    board    of    regents    of    university, 

378. 
member,    committee    to    select    book    firm    to 

supply   school    libraries,    486e. 
member  free  library  commission,  373a. 
member  mining  trade  school  board,   392n. 
member  state  committee  on  the  rebinding  of 

school  library  books,   duty,    486k. 
member     trustees     Of     teachers'      retirement 

fund,   460—1. 
normal  school  regents,  member  of,  393. 
oath  of  office,  filing  of,   time  of  taking.   164. 
of   office,   place  of,    167. 
qualifications,   164. 
qualifications    of    teachers,    manual    training, 

etc..  free  high  schools,   496c. 
record  books  for  school  libraries,   486b. 
record  of  teachers'   examinations  and  certifi- 
cates.  456. 
reexamination   of   teachers,    4  52. 
report    of    trustees     of     teachers'     retirement 

fund,    460 — 6. 
report  to  governor,  166. 

review  of  decision  of,  certiorari,  time,  497a. 
revocation   of  state   teachers'   licenses,    458e. 
rural  schools,   inspection  by,   167a. 
salary  of,   and  of  employes  of,   170,   sub.   5. 
sale  of  school  books,  supplies  and  equipment 

by,   prohibited,   penalty,   501. 
school  for  the  blind,  duties,   579o. 
school   for    the    deaf    and    dumb    reported    to, 

578. 
school    fund    apportioned   by,    1072b. 
school   inspection,    496f. 
school  libraries,   duty,   165b. 
special    employes,    may    appoint,    165c. 
special  licenses  to  teachers,    458j. 
standards    for   rural    schools   fixed   by,    5601. 
state      aid,      industrial      schools,      certificate, 

553p — 6. 
state   aid   to  high   schools,   duties   relative  to, 

496. 
state    certificates,    issue    to    teachers    of    col- 
leges,   458i. 
state  certificates  to  normal  school  graduates, 

kindergarten    work,    458b. 
state    teachers'    certificates,    issue    of,    455. 


[References  are  to  Sections.] 
public     instruction      State     superintendent 


of     public     instruction 

(continued)  — 

state    teachers'    certificates    revoked    by,    457. 

teachers'  certificates  for  graduates  of  foreign 
state  normal  schools  and  universities,  458c. 

teachers'  certificates  for  special  branches, 
458k. 

teachers'  certificates  issued  to  normal  gradu- 
ates,  405. 

teachers'  certificates,  manual  training  and 
domestic  science,   458n. 

teachers'  institutes  held  under  direction  of, 
407. 

teachers  in  summer  school  of  university  des- 
ignated by,  392a. 

teachers'  training  course  in  free  high  schools 
approved   by,    496b,    496c. 

town  board  or  officers'  refusal  to  perform 
order,    penalty,    504. 

withholding  of  portion  of  school  fund,    554a. 

winter  term  in  high  schools  regulated  by, 
494a. 

Supervising  teachers — 

appointed  by  committee  on  common  schools, 
698,    subdiv.    10. 

duration    of    appointment,    698,    subdiv.    11. 

duties  of,   698,  subdiv.   13. 

qualifications,    698,    subdiv.    12. 

qualifications,  salaries  and  expenses  of  su- 
pervising teachers  to  be  reported  to  the 
state  superintendent  by  county  superin- 
tendent,   698,    subdiv.    16. 

salaries  and  expenses  how  paid  by  county. 
698,   subdiv.    11. 

salaries,  expenses,  etc.,  paid  by  state,  698, 
subdiv.  16. 

Teachers — 

accidents,   instruction  by,   447g. 

additional  teacher,  district  school,  when 
required,    430f. 

annuities  exempt  from  seizure  and  inalien- 
able,   460 — 17. 

annuities  under  retirement  fund,  amount, 
460—14. 

certificate  to  be  held  by,  to  receive  salary, 
446a. 

charges  against,  county  superintendent  to 
hear,  453. 

communicable  diseases  in  school  district, 
1408a. 

communicable  diseases,  misconduct,  dismis- 
sal,   1408d. 

condition   of  retirement  on  annuity,    460 — 13. 

conferences  with,  by  state  superintendent. 
166. 

county  training  schools,  qualifications,  411 — 
6a. 

definition,    460 — 19. 

election  to  participate  in  teachers'  retire- 
ment fund,   460 — 8. 

free  high  schools,  qualifications,   494. 

humane  treatment  of  animals  taught  by, 
553a— 1. 

instructors  in  teachers'  institutes,  no  salary 
to,    restrictions,    46 If. 

leave  of  absence  under  teachers'  retirement 
fund,   460—15. 


422 


General  Index. 


Teachers  (continued)  — 

license  to  graduates  of  foreign  state  normal 
schools,    458c. 

license  university  and  normal  school  grad- 
uates,  458b — 2. 

minimum  salary,  agriculture,  domestic  sci- 
ence,  etc.,   553L. — 1. 

morality  taught   by,   553a — 1. 

normal  training  department  for  oral  teach- 
ers  of   the   deaf,   establishment,    579p. 

professional  schools  for,   definition,    450 — 1. 

qualifications,  free  high  schools,  manual 
training,   domestic   science,   etc.,    496c. 

qualifications   of  kindergarten,    458t. 

records  and  reports  of  attendance  kept  by, 
penalty,  truant  officers  may  inspect  rec- 
ords, 439cb. 

responsibility  for  Webster's  dictionary,  510. 

resumption  of  work  after  retirement,  460 — ■ 
16. 

school  board  to  visit  and  advise,  441. 

school    districts,    qualification,    contract,    438. 

sectarian  instruction  by,  in  public  schools, 
to  be  prohibited  by  state  superintendent, 
166. 

special  licenses,  issue  of,  by  state  superin- 
tendent,   458j. 

state  graded  schools,  special  state  aid  re- 
ceived,   496d. 

transfer  to  district  other  than  that  for  which 
certificate  issued,   450c. 

truancy,    duty,    439ce. 

truant  officers  assisted  by,   439cc. 


Teachers'  certificates — 

advancement  of  grade,  extension  of  period 
of   certificates,   provisions   governing,    450a. 

annulment  by  county  superintendent  of 
schsols,    453. 

city  superintendent  issues  special,   458p. 

city  superintendent  of  schools,   license,   458o. 

completion  of  county  training  school 
course,  limitations,  standings  in  lieu  of 
examination,    411 — 6. 

conditions    of   issue,    450 — 5. 

county  superintendent's  certificate,  force, 
461L. 

county  superintendent's  duty  to  issue,  an- 
nulment,   461. 

county  superintendent  of  schools,  eligibility, 
702a. 

deaf,  teachers  of,  diploma  of  normal  school, 
579p. 

examinations  for,  preservation  of  papers  by 
county  superintendent,  450b. 

first  grade,  requirements,  examinations  for, 
transfer  of,  rights  conferred  by,  renewal, 
450—3. 

foreign   state   certificates,    force,    458a. 

free  high  schools,    496a. 

free  high  school  diploma  as,   452a. 

grades  of,   who  may  not  receive,    449. 

graduates  of  foreign  universities  and  nor- 
mal schools,   458c. 

graduates  of  kindergarten  training  schools 
receive,    458q. 

graduates  of  university  and  state  normal 
schools,    458b — 2. 

industrial  education  in  free  high  schools,  cer- 
tificates for,    496b. 

423 


[References  are  to  Sections.] 

Teachers  certificate   (continued)  — 

issuance  of  renewal,  substitute  for  examina- 
tion, 450 — 6. 

issue  for  district  other  than  that  of  examina- 
tion,  450c. 

kindergarten  teachers,  grades  of,  subjects  of 
examination,   qualifications,   458s. 

limited  special  certificate  for  one  subject, 
one  locality,   458L. 

manual  training  and  domestic  science, 
graduates  of  special  schools,  requirements, 
458n. 

manual  training  and  domestic  science,  nor- 
mal school  graduates,   458b — 1. 

necessity  of,  for  contract,  438. 

normal  school  graduates,  kindergarten 
course,    458b. 

normal  school  graduates  to  receive,  condi- 
tions,  405. 

psychology  and  pedagogy  required  of  col- 
lege and  university  graduates,   458ha. 

qualifications,  450d. 

reexamination  and  issue  by  state  superin- 
dent,   452. 

requirements   concerning,   validity  of,    448. 

revocation  of  state  licenses  and  certifi- 
cates,   458e. 

second  grade,  requirements  for  examination 
for,  transfer  of  grades,  rights  conferred  by 
renewal   of,    450 — 2. 

special    branches,    458k. 

special  licenses,  issue  of,  by  state  superinten- 
dent,   458j. 

special   third   grade,   when   issued,    450 — 4. 

standards  of  attainment  for,  fixed  by  county 
superintendent,    451. 

standings  obtained  in  state  normal  schools 
may  be  accepted   for,    452b. 

state   certificates,    examinations   for,    454. 

state    certificates,    record    of,    456. 

state  certificates,  requirements  for  and  force 
of,    455. 

state  certificates,  revocation  by  state  super- 
intendent,  causes,   457. 

teachers  in  colleges  may  receive,   458i. 

teachers'    institute   conductor,    461n. 

third  grade,  subjects  of  examination,  re- 
quirements for,  rights  conferred,  renewal. 
450—1. 


Teachers*    conventions — 

attendance   at,    wages   not  deducted,    459. 
city    superintendent    of    school,    926 — 117m. 
school     board     meetings     called     by     county 
superintendent,    461. 


450d. 


Teachers'    examinatioi 

certificates,    qualifications    for, 

conduct  of,  in  counties,   461. 

county    superintendent,    for    certificate,    461L. 

county   superintendent    of   schools,    eligibility, 
702a. 

first  grade   certificate,    450 — 3. 

free  high  schools,    496a. 

kindergarten    teacher's    unlimited    state    cer- 
tificate,  458r. 

kindergarten,    three   grades,    subjects,    458s. 

private  examinations.    461. 

reexamination    by   state    superintend 
452. 


General  Index. 


[References  are  to  Sections.] 


Teachers'  examination   (continued) — 
reexamination    for    certificates,    451. 
special  third  grade  certificate,    450 — 4. 
state  certificates,    examinations  for,    454. 
state  certificates,  record  of  examination,   456. 
subjects,  second  grade  certificate,   450 — 2. 
subjects   for   state   certificates,    455. 
subjects  for  third  grade  certificate,   450 — 1. 

Teachers'    institutes — 

accounting,    461q. 

attendance   at,   wages   not  deducted,    459. 

conductor's   certificate,    4 6 In. 

county    institute     appropriation,     holding     of 

institutes,    461m.  > 

county  superintendent  to  organize,    461. 
distribution   of   appropriation,    461o. 
establishment   of,    rules  and   regulations,    407. 
instructors    in,    no    payment    to    for    salary, 

restrictions  upon,   461f. 
report,  461p. 
state   superintendent  of  public   instruction   to 

supervise,  166. 

Teachers'  retirement  fund— 

annuities,    amount     and     time     of     payment, 
460 — 14. 

annuities    exempt    from    seizure    and    inalien- 
able,   460—17. 

assessments    on    teachers'    salaries    for,    elec- 
tion  of   teachers   to   participate   in,    460 — 8. 

board    of     trustees,     compensation,     expenses, 
secretary,    460 — 4. 

board  of  trustees,  control  of  fund,  460 — 5. 

board  of  trustees,  legal  status,   460 — 7. 

board   of   trustees,    meetings,    rules,    460 — 3. 

board   of  trustees,    members   of,    460 — 1. 

board  of  trustees,  organization  of,  460 — -2. 

cities  of  first  class  exempt  from,   460 — 20. 

condition   of  retirement  on   annuity,    460 — 13. 

leave  of  absence  under,    460 — 15. 

office  of  board  of  trustees,  4  60 — 18. 

participation   in,    by   teachers   of   schools   not 
included    in    act,    460 — 12. 

report  of  trustees,    460 — 6. 

resumption    of   work    after   retirement,    460 — 
16. 

statements    of     moneys     retained     by    school 
boards,    reports,    460 — 9. 

Teachers'  training  schools — 

see  County  training  schools. 

Terms   of  schools — 

apportionment    of     school    fund     income    de- 
pends on   length  of,    558. 

definition,  attendance  during,  439a. 

determination    of,     by    electors      of     district, 
495—14. 

loss    of    apportionment,    school    fund    income, 
short   term,    554a. 

month  and  six  months  defined,   560. 

rural    schools,    first    class,    560g. 

rural   schools,   second   class,    560f. 

school   districts   how   determined,    430. 

school   month   defined,    459. 

state    graded    schools,    special    state    aid    re- 
ived,  49  6d. 
sta-s-  term  in  high  schools,   494a. 


Textbooks,  440,  440a,  553m — 1,  553m — 101. 
see  ScTiool  textbooks. 

Town   free  high  schools- 
board   authorized  to  erect  building,    49 6p — 1. 
board  of,  composition,  duties,  report,  493. 
board  of  district,  powers  and  duties,  492a. 
establishment  of  joint  district,    491. 
establishment,   requirements,    490. 
nonresidents,    admission,    tuition,    496k. 
nonresidents   admitted,    requirements,    496j. 
publication    of    report    and    recommendations 

before  annual  meeting,    496c — 2. 
state  aid,  requirements,  limit  of,   496. 
taxation    for    site    and    buildings    authorized, 

495a. 
union  free  high  schools  governed  by  law  of, 

495—19. 
validation    of    establishment,    490t. 

Trade  schools — 

see   also  the  following  titles: 
Industrial  education. 

actions   by,    926—30. 

cities  may  establish,   490m. 

cities   second,   third  and   fourth   class,   estab- 
lishment,   provisions    for,    926 — 30. 

cities     under     special     charter,      control     of, 
926 — 23. 

cities    under    special    charter,    establishment 
of,    926 — 22,    926 — 24. 

cities  under  special  charter,  fees  of,  926 — 27. 

cities    under   special   charter,    special    assess- 
ment   for,    926—28. 

cities   under   special    charter,    use    of   regular 
funds  for,    926—29. 

committee     on,     authority     of,     cities     under 
special  charter,   926 — 26. 

management  of,  cities  under  special  charter, 
926—25. 

maximum  levy   for,   cities  using  budget  sys- 
tem,   925q — 163. 

state   superintendent   of  public   instruction    to 
foster  interest  in,   166. 

Transportation  of  pupils —  • 

agreement     with      parents,      419f ;      430 — 4 ; 

496 — 12. 
electors  to  vote  upon,  49 6r. 
officers  to  enter  into  contracts,   496 — 9. 
reports    to    state     superintendent     419g    and 

496q,    subdiv.    8. 
state  aid,  419e  and  496q. 

state  graded  school,  aid  for,   49 6e,  subdiv.   7. 
to   consolidated   schools,    496 — 10. 


Truancy — 

cities    of    first    class,    truancy    officer,    sheriff 

and  deputies  as  officers,   439b. 
forfeitures  in  cases  of,  to  whom  paid,  439d. 
neglect    of    officers,    penalty,    439cf. 
officers     may     inspect     records     of     teachers, 

439cb. 
officers,   salary,   439cd. 
powers  of  truant  officers,    439ca. 
report   to   industrial   commission,    439ce. 
school       attendance,       provisions       regarding, 

439a. 


424 


Gekeral  Index. 


[References  are 
Truancy    (continued)  — 
school    officers    and    teachers    assist    officers 

in  cases,  jurisdiction,   439cc. 
superintendents   .  of     schools     ascertain     and 

report,    truant    officers'    procedure,    notice 

to  parents,  trial,  439cc. 

Tuition   fees — 

city     maintaining    graded    school    of    twelve 

grades,    496j — 1. 
collection  in  villages,  free  high  schools,  496m. 
county    schools   of    agriculture    and    domestic 

science,   553j. 
free     high     schools,     nonresident     pupils     of 

towns  and  cities,   payment,   4 9  60. 
free    high    schools    outside    state,    attendance, 

496k. 
industrial    schools,     materials     used,     charge, 

553p— 9. 
local         industrial         schools,         nonresidents 

553p — 8. 
mining   trade   school,    392q. 
model  schools  of  state  normals,   remission  of  I 

fees,    403. 
nonresidents,    county     training    schools,     tax- 
ation for,   411 — 11. 
nonresidents,   free  high  schools,    496k. 
nonresidents,    school   districts,    435o. 
normal  schools,   404. 
payment    by    towns,    nonresident     pupils     of 

free  high  schools,   496n. 
school  buildings   unsanitary,    tuition   in   other 

school,    517. 
short     course     in     agriculture     or     domestic 

science  in  high  school,   496c — 4. 
state  school  for  the  blind,    569. 
state  school  for  the  deaf,  575. 
trade    schools,    cities    under    special    charter, 

fixing  of,    926 — 27. 
Wisconsin  university,   388. 

Union  free  high   schools — 

accounts    of   district,    auditing,    report,    495 — 

10. 
annulment    of    existing    high    school    on    for- 
mation of,   495 — 7. 
board,    borrowing    of    money,     authorization, 

495—14. 
board     meetings,    who     entitled     to    vote    at, 

495—13. 
board  of,  notice  of  annual   meeting,    495 — 11. 
city    or    village    organized    from    territory    of 

district,    effect,    495 — 17. 
deficiency   in   money   for,    tax   for,    495 — 16. 
dissolution,    495 — 20. 
district,    annual    meeting,    election    of   officers 

495—9. 
election    returns,    referendum,    495 — 6. 
electors    of    district    authorize    school    board, 

erection    of   building,    496p — 2. 
■establishment,    requirements    for,    495 — 1. 


to  Sections.] 

Union  free  high  schools   (continued) — 

levy    and   collection   of   taxes   for,    495 — 18. 

nonresidents  admitted,  requirements,  49  6  j, 
496k. 

officers   of  district,   number,    election,    495 — 8. 

petition  for  referendum,    495—2. 

publication  of  report  and  recommendations 
before    annual    meeting,    496c — 2. 

referendum,  establishment,  form  of  ballot, 
495—5. 

setting  off  another  district  from,   495 — 14. 

special  board  meetings,   restrictions,   495 — 12. 

state  aid,   requirements  for,   limit  of,    496. 

town  free  high  school  law  applies  to,  495 — 
19. 

two  or  more  towns,  procedure"  for  referen- 
dum,   495 — 3. 

village  in  district,  procedure  for  referen- 
dum,   4"95 — 4. 

University   fund — 

disbursements  from,  how  made,   379. 

income  of  may  be  used  to  build  or  purchase 

apparatus,   etc.,    382. 
institution   and  maintenance  of,    2T48. 
investment    of,    list   of    securities    for,    258. 
moneys  to~be  credited  to,  on  receipt,  383a. 
treasurer  to  keep  distinct,   379. 

Wisconsin    university — 

accounting  examination  of,  report,  appropri- 
ation,   383m. 

both  sexes  admitted  without  distinction,    387. 

colleges  of  the  state  may  be  received  as 
branches   of,    382. 

construction    of    buildings,    regulations,    382a. 

courses,  books,  determined  by  board  of  re- 
gents,  384. 

diploma  of  university  countersigned  by  state 
superintendent  as  teaching  certificate,   387. 

establishment,    377. 

faculty,  government,  suspension  of  students, 
384. 

graduates,    teachers'    certificates,    458b — 2. 

graduates  with  pedagogy,  license  to  teach, 
458b— 2. 

janitor's  salaries,  381m. 

location  and  name,  377. 

military  instruction,   387. 

mill  tax  for  support  of,  uses  of,  390. 

object  of,  colleges  and  departments,   385. 

president,  member  of  geological  and  natural 
history  survey,   39 2j — 3. 

president,  member  of  free  library  c  )mrais- 
sion,  373a. 

president,  powers,   duties,   384. 

receipts  and  disbursements,  provisions  gov- 
erning,  383a. 

school  of  library  science  to  be  a  part  of, 
aid   of  by   university,    373am. 


425 


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